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通过对2013年A市检察院审查逮捕工作的实证分析,发现新《刑事诉讼法》实施后A市检察院逮捕率稍有降低,但效果有限。导致逮捕率降低的真正原因是刑罚条件的提高。逮捕制度立法与实践背离的主要原因在于逮捕制度供给不足和外部过度依赖逮捕。不改变制度失衡的现状,低质量高逮捕率的再生产不可避免。需采取进一步完善逮捕条件、加强律师辩护作用、完善取保候审措施、提高取证水平等,促进逮捕制度有效运行。
Through the empirical analysis of the arrest and prosecution of A City Procuratorate in 2013, it was found that the arrest rate of A City Procuratorate decreased slightly after the implementation of the new Code of Criminal Procedure, but the effect was limited. The real reason that led to the reduction in the arrest rate is the increase in the conditions of punishment. The main reasons for the deviation of the legislation and practice of the arrest system lie in the insufficient supply of arrest system and the over-reliance on arrest. Without changing the status quo of institutional imbalances, the reproduction of low quality and high arrest rates is inevitable. It is necessary to further improve the arrest conditions, strengthen the role of lawyers in defense, improve the bail pending trial and improve the level of evidence collection so as to promote the effective operation of the arrest system.