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法律规定检察机关履行对公安机关侦查活动监督的职能,在侦查监督部门履行的职责中就包含着对公安机关变更逮捕措施的监督。但是由于法律规定的过于原则,使得公安机关变更逮捕措施只要通知作出批准逮捕决定的检察机关即可,这样,弱化了检察机关的监督能力,容易造成公安机关随意变更逮捕措施,影响批捕权的权威与公信力。文章结合检察工作实际,就变更逮捕强制措施中存在的问题进行思考,提出认为比较合理的程序。
The law stipulates that the procuratorial organs shall perform the functions of supervising the investigation activities of the public security organs and shall include the supervision of the public security organs in changing their arresting measures in the functions and duties performed by the investigation and supervision departments. However, due to the principle of excessive legal provisions, the public security organ may change its arresting measures only by notifying the procuratorial organ that approves the arrest decision. In this way, the supervision capacity of the procuratorial organs may be weakened, and the public security organs may easily change the arresting measures and affect the authority of the arrest authority And credibility. Based on the actual procuratorial work, the article makes some revisions on the problems existing in the compulsory measure of arrest and puts forward some reasonable procedures.