中外审前羁押制度比较研究

A Comparative Study on the System of Detaining before Examining between China and Foreign Countries

审前羁押是指在有罪判决生效前剥夺犯罪嫌疑人或被告人人身自由的一种法律状态。我国的审前羁押制度由于主客观等方面的原因,存在着羁押率过高,超期现象严重,被羁押的犯罪嫌疑人的诉讼权利得不到有效的保障等弊端。国外审前羁押制度在程序、适用的法律理由、场所、期限等方面与我国存在差异。在完善我国审前羁押制度方面要通过立法明确规定审前羁押的适用条件、范围和期限、完善取保候审制度,建立逮捕与羁押相分离的制度,羁押场所宜中立化,完善审前羁押的救济制度等。

<Abstrcat> Detaining before examining refers to a legal stating that the freedom of the suspect or the defendant are deprived before coming into force of guilty judgments. The system of our country has drawbacks because of the reason of the respects such as being subjective and objective, it is too high that the detaining rate exists, the phenomenon of exceeding the time limit is serious, the lawsuit right of the suspect who is detained can't get the effective guarantee, the system differences between China and foreign countries are in such aspects as procedure, legal reason, place, time limit etc. In order to perfect the system through legislating whom clear regulation suitable to apply terms , range and time limit, perfect the system of recognizing, establish the system of arresting, detaining and separating, perfect the relief system.