论拘留

On Detention

拘留是一种重要的刑事诉讼强制措施 ,其实质是调和国家权与人权的矛盾。我国现行拘留制度过分强调对国家权的保护 ,而忽视或很少有对人权的保护 ,应予改革。建立拘留制度时应考虑其人权属性 ,完善拘留体制 ,增设监督机制和救济制度。

Detention is one of the important criminal compulsory measures, which is to conciliate the relationship between the rights of the country and individuals in nature. The current detention system in our country lays undue emphasis on the protection of the rights of the country, neglecting the protection of the human rights, which is supposed to be reformed. Such issues as human rights, supervision system, and relief system should be taken into account in establishing a perfect detention system.