逮捕制度既是应对犯罪之必要措施,也是个人自由的守护神。因此法律对其适用应有严格的程序性规制,以避免制度运行中非正义事实的出现。在考虑对逮捕进行有效控制时,审查批捕权的配置无疑成为关键。笔者试图从批准逮捕权的基础理论入手,考察各国批准逮捕权的配置,重新审视我国批准逮捕权的归属问题。 The arrest system is both necessary measures to deal with crime, but also the patron saint of personal freedom. Therefore, the law should be applied to its strict procedural regulation in order to avoid the emergence of unjust facts in the system operation. In considering the effective control of arrest, the review and approval of the allocation of power is undoubtedly the key. The author tries to start with the basic theory of approving the right of arrest, examines the configuration of countries approving the right of arrest, and reexamines the issue of the vesting of arrest power in our country.