论羁押期限与办案期限之分离——兼论如何完善我国羁押期限之规定

Study on Separation between Detention Period and Handling Period——Concurrent Study on How to Perfect Provisions of Detention Period in China

审前羁押在内容方面的特殊性导致羁押期限不同于办案期限.确立羁押法定原则并分别规定强制到案措施与羁押措施,可使羁押期限与办案期限分离.我国的刑事诉讼法存在以下问题:对侦查羁押期限的规定不明确;羁押期限与办案期限混同;逮捕权的行使缺乏规范.因此,我国要确立羁押期限与办案期限分离以及羁押措施与强制到案措施分离原则,合理规范羁押期限,杜绝隐性超期羁押.

Specificity of pre-trial detention in its content leads to the differences between detention period and handling period. To establish legal principle in detention and stipulate compulsory attendance measures and detention measures respectively can separate detention period from handling period. The Criminal Procedure Law of China has following problems： provisions of investigation detention period is ambiguous; detention period and handling period are confused; exercise of police power of arrest lacks regulations. Therefore principles of separation between detention period and handling period as well as that between detention measures and compulsory attendance measures should be established in China. Detention period should be reasonably specified and invisible extended detention should be eliminated.