CAJ | 학술논문

现行法律对逮捕条件的设露过于抽象。难以把握。易导致逮捕的随意性。建议对逮捕条件进行全面修改，作分列式规定。首先，将证据条件修改为“基本犯罪事实已经在清”；其次。根据刑法分则所规定的每个犯罪的法定刑。将犯罪划分为重罪、次重罪和轻罪，并相应规定应当逮捕、可以逮捕、不予逮捕三种情形。第三，相应地明确规定逮捕后的羁押期限。
현행법률대체포조건적설로과우추상。난이파악。역도치체포적수의성。건의대체포조건진행전면수개，작분렬식규정。수선，장증거조건수개위“기본범죄사실이경재청”；기차。근거형법분칙소규정적매개범죄적법정형。장범죄화분위중죄、차중죄화경죄，병상응규정응당체포、가이체포、불여체포삼충정형。제삼，상응지명학규정체포후적기압기한。
The arrestment conditions enacted by the existing law are excessively abstract and illusive, which result in bringing about the arbitrary to the conditions of arrestment. The author suggests that the arrestmcnt conditions should have an overall amendment and the conditions should be stated accordingly. Firstly, he suggests that the condition of evidence should be modified to be the ascertainment of the basic crime facts; Secondly, to conduct crime conviction according to the subentry terms of the criminal law, which categorizes crime into felony, hypo felony and misdemeanor; to consti- tute three conditions of arrestment, they are; ought to be arrested, suggest to be arrested and no necd for arrestment. Thirdly, to define the term of detaining at＇ter arrestment according to the law.