上提一级改革强化了对检察机关的监督力度,增强了其权力行使的公信力。但由于改革中公权力行使中“程序正当性”的理念的缺失,以致对相对人的权利保障及程序参与权等问题关注不足,有改革方向迷失之惑。本项改革的完善应当循依制度经济学的理论,重新夯实改革的应然法理。在此基础上,采取渐进式改革措施,即:立足当下,在侦查体制根本转变之前,应保证上提一级的程序正当,改善侦查质量,规范口供取证。着眼未来的审查逮捕改革,应当遵照现代法治理念的公理性和普适性原则,在施行侦查与保障人权之间实现动态平衡,限制侦查权力,保障犯罪嫌疑人权利,并进行相关制度的协同改革。 The reform at the first level has strengthened the supervision over procuratorial organs and strengthened the credibility of their exercise of power. However, due to the lack of the concept of “procedural legitimacy” in the exercise of public authority in the reform, the issues of relative rights protection and procedural participation rights are not paid enough attention and are confused by the reform direction. The perfection of this reform should be based on the theory of institutional economics and the compaction of legal reform should be re-established. On this basis, the gradual reform measures should be adopted. That is, based on the current situation, prior to the fundamental change of the investigation system, we should ensure that the procedures at the first level are uplifted, the quality of investigation is improved, and the evidence of evidence is provided. Focusing on the Future’s Review Arresting reforms should follow the principle of justice and universality of the modern concept of rule of law, achieve a dynamic balance between the detection and safeguarding of human rights, limit the power of investigation, safeguard the rights of suspects, and carry out synergetic reform of related systems .