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逮捕措施的刑罚条件在司法实践中未得到充分适用,既有立法上的原因也有司法实践的原因。逮捕质量考核标准和外来人口犯罪问题是导致逮捕刑罚条件被忽略的深层次原因。为保障逮捕措施的正确适用、保障犯罪嫌疑人不受非法羁押,应重构逮捕条件体系、确立不定期逮捕期限制度、进一步深化量刑改革。
The penalty conditions of arresting measures have not been fully applied in the judicial practice, for both the legislative reasons and the judicial practices. The quality of appraisal of arrests and the crime of migrant population are the deep-seated reasons for the negligence of conditions of arrest penalty. In order to ensure the correct application of arrest measures and protect criminal suspects from being illegally detained, the system of arrest conditions should be reconstructed, the period of irregular arrest should be established and the sentencing reform should be further deepened.