逮捕制度是刑事强制措施制度中，最受关注和研究较多的制度之一。本书从理论基础、制度完善、程序设计、实践操作、替代措施等方面进行论述，搭建了相对完善的逮捕制度体系，进一步增强逮捕的正当性。其中，对逮捕的实质要件实行不同的证明标准及不同条件的证明责任，“三段三审制” 的羁押必要性审查制度，在尊重和保障人权的基础上惩治犯罪，对理论研究及法治实践有参酌价值。

System of Arrest：A New Theory Pretrial arrest is one of the most serious and powerful measures in the criminal justice system.It is also one of the most widely used in throughout the legal process.Its widespread use in conjunction with the potential for the human rights of the suspect to be violated has made the pretrial arrest system a central focus of public discourse and academic research.In addition to existing criminal law，the new Code of Criminal Procedure emphasizes respect for and protection of human rights.Upon its completion，the system of pretrial arrest and related legal procedures establishes a new set of conditions for pretrial arrest；reforms the investigation and detention process，confirms mandatory investigations and reviews，and stands as a breakthrough in the in realm of alternatives to pretrial arrest and post-bail residential surveillance（and the related legal procedures therein）.It is designed to increase the legitimacy of arrest in China's legal system.On this basis，the author looks at Western countries'systems of arrest in combination with China's current judicial and national status quo.This paper discusses the system's theoretical foundation，process of completion，procedural design，and practical execution as well as alternative measures to arrest，in the pursuit of increasing the legitimacy of arrest in the People's Republic of China.The paper is divided into five chapters：Chapter 1：The legitimacy of arrest The first chapter discusses the theoretical foundation of arrest.The laws of the PRC do not differentiate between the state of arrest and the state of pre-trail custody，the latter is simply a default state that follows the former，and hence the basic theories involved in arrest and pretrial custody are highly similar.When discussing the theoretical foundations of arrest and pretrial detainment，the two are essentially indistinguishable.Through the application of theoretical games and the introduction and analysis of several additional theories，the author points out that arrest is a“double-edged sword”which serves as an optimal solution at the collision point of national sovereignty and the restraint of government power，utilitarianism and the protection of human rights，the search for truth and the presumption of innocence.The legitimacy of arrest lies at the equilibrium of these elements.When it becomes unbalanced，arrest becomes a weapon to wield against the interests of the defendant.Thus，the proper use of arrest must be in accord with the legal principles of detainment，the proportional principles and the principles of final detainment.The established legal process，legal conditions and legal standards，place the practice of arrest within a legal framework，and increase the legitimacy of its use.Chapter 2：The substantial elements of arrest This chapter discusses the substantive requirements of the review of arrest.The substantive elements of arrest include conditions regarding evidence，sentencing，and as well as other mandates.Different conditions of the burden of proof and the standard of proof are not the same.The burden of proof lies primarily with the investigative bodies，and all evidence must meet the clear standards of good evidence.Sentencing conditions must be in accord with clear and convincing standards.The necessary conditions of proof must meet the general standards of probability.The suspect and the council of the suspect bear a secondary burden of proof，primarily concerning illegal hindrances，criminal responsibility，and the rightful exclusion of illegal evidence as well as related procedural and substantive issues.Only by requiring investigative authorities provide preliminary evidence materials or clues which conform the standards of evidence，can a standard of reasonable doubt be formed.The new Code of Criminal Procedure strengthens the review of arrest，the necessary conditions for arrest，and the proper use of arrest.Chapter 3：The procedural design of arrest This chapter discusses the proper process of arrest.The author，beginning with the current status of arrest in the PRC，looks at the arrest and pretrial detention review systems of Western countries.Upon the theoretical basis of a legitimate process，neutrality of the judiciary，the investigation conducted by the prosecution and supervision department must，throughout the entire legal process，treat the suspect as a defendant.These bodies must design a thorough review of the legal process of arrest，especially with regards to the exclusion of illegal evidence.This also indicates that the use of conditional arrest is more serious and must have more stringent controls than the practice of general arrest.They must also provide recommendations regarding the problems that exist throughout the process of extended detainment.Chapter 4：Mandatory post-arrest review This chapter discusses the arrangement for mandatory post-arrest reviews.The new Code of Criminal Procedure mandates a review of detainment.The mandatory review of detainment remains a blank page.The Criminal Laws of the Supreme People's Procuratorate state that the content of the review should be designed in accordance with the conditions of the case.The author points out“the three stage three review”model's different stages.From practical application to judicial decision，the author follows the stages of the mandatory review，points out its applicability，and outlines the scientific distribution of judicial resources.The statute clearly indicates that pretrial detainment review is not the same as the mandatory detainment review proposition.Detainment and pre-trail detainment is led by this stage，whereas the mandatory detainment review acts as a review of the legality of the process as a whole.Only after further clarification on this topic in combination with the suspect's relief procedures，can the mandatory detainment review have a meaningful role in the legal process.Clarification is also required on the return to supplementary investigation，the discovery of new accusations，the identity of the suspect being unclear，administrative errors that lead to the period of detention being recalculated，and other special circumstances.Questions regarding the substance and effectiveness of investigative bodies'mandatory detainment reviews are central points of this paper.Chapter 5：Alternative procedures to arrest This chapter discusses the completion of alternative legal options that could lower the use of arrest.The completion of alternative options should lower the arrest rate.This chapter looks at the measures of the criminal justice system，the issue of warrants，detainment，the issue of bail，postbail residential surveillance，and arrest.The author primarily discusses release on bail and residential surveillance，and analyzes substantive nature of residential surveillance.She also points out that residential surveillance is only a marginal measure that occurs after arrest and after bail，and thus cannot become a meaningful alternative to arrest and must be developed alongside a system for collateral obligations.Only then can release with bail become a meaningful alternative to detainment.Through empirical investigation on a legal and realistic basis，a related bail system can be established.The central re-view of bail and residential surveillance are all designed for use by investigative bodies and supervisory departments.The increase in the PRC's arrest rate has received widespread attention.Legal reform in the previous period has already brought about a series of legal adjustments；the arrival of the new Code of Criminal Procedure will push the use of arrest in the PRC to a new level of legitimacy.This paper begins with the status quo of the PRC，and then studies the advanced concepts used in Western countries in combination with the legal practices in the PRC.The structured phases of litigation and the delegation of procedural responsibilities to each judicial organ will allow the procedure of arrest to be more legitimate.Key words：Arrest，Proof of the substantial elements，Hearing procedure，Mandatory review of detainment，Release Upon Bail Pending Trial

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