在实证研究中发现,逮捕的徒刑条件在司法实践中被长期忽视,究其原因主要在于制度设计的缺陷及司法环境的现实需要。逮捕徒刑条件虽然被忽视,但整体上并未影响逮捕制度目的的实现,因此对逮捕徒刑条件设置的必要性提出了质疑,发现徒刑条件可以被必要性条件所包容,在逮捕的三个条件中可以删除徒刑条件。 In the empirical study, it is found that the conditions for the arrest of a term of imprisonment have been ignored for a long time in judicial practice. The reasons for this lie in the defects of the system design and the realistic needs of the judicial environment. Although the conditions of arrest are ignored, they do not affect the realization of the purpose of the arrest system as a whole. Therefore, the necessity of arresting the conditions of imprisonment is questioned. It is found that the conditions of imprisonment can be covered by the necessity conditions. In the three conditions of arrest, Imprisonment conditions can be deleted.