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附条件逮捕发端于司法实践,对协调办案需要和人权保障意义重大。但各地运行状况并不统一,学界也存在着一定的理论争议。对此可以从文本认同、理论认同和感情认同三个角度加以探讨,既指出理论质疑,也阐明其存在的合理性和改善的必要性。
The conditional arrests originated in judicial practice and are of great significance to the coordination of the handling of crimes and the protection of human rights. However, the operating conditions in various places are not uniform, and academic circles also have some theoretical controversies. It can be discussed from the three perspectives of text identity, theory identity and feeling identity, which not only points out the question of theory but also clarifies the rationality of its existence and the necessity of its improvement.