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逮捕是我国刑事诉讼法规定的五种强制措施中最为严厉的一种,其严厉性体现在其通过剥夺人身自由的方式和长时间的羁押来实现其功能。只是由于其严厉的特性,司法实践中往往会被滥用,本文中将以南京虐童案的情况为例,简要分析我国逮捕程序在适用中尚且存在的问题,探索完善逮捕程序适用的路径,为逮捕措施如何能在司法实践中准确和审慎适用提供参考。
Arrests are the most severe of the five kinds of coercive measures stipulated in the Criminal Procedure Law of our country. Their severity is manifested in that they realize their functions through deprivation of personal freedom and prolonged custody. Only because of its severe characteristics, judicial practice will often be abused. In this paper, the case of child abuse in Nanjing will be taken as an example to briefly analyze the problems existing in the application of the arrest procedure in our country and to explore and apply the appropriate path of the arrest procedure. How Arrest Measures Can Be Used Precisely and Prudently in Judicial Practice.