论羁押复查制度的科学构建

On Scientific Construction of Custody Review System

新刑事诉讼法采取多种措施试图降低逮捕和羁押率,以贯彻"尊重和保障人权"的理念,维护犯罪嫌疑人、被告人的基本人权和其他合法权利。刑事诉讼法第93条规定的羁押复查制度即为此例。但是该规定过于原则,缺乏可操作性。如何科学构建羁押复查制度,使之成为体系完整、内容合理、具有实效性的保障人权举措成为当前亟待解决的重大问题。

Existing in the judicial practice of high arrest rate, high rate of custody problem, has become China＇ s illness in the process of criminal justice, not only infringe upon the criminal suspect or the defendant＇ s basic human rights, and influence our international reputation in the field of criminal justice. The new criminal procedural law has adopted various measures to try to re duce the rate of arrest and detention, in order to carry out ＂ respect and protect human rights ＂ concept , and maintain the crimi nal suspect or the defendant＇ s basic human rights and other legal rights. Custody review system stipulated in the ninety ＇third ar ticle of the criminal procedure law is therefore an example. But the rules are too principle, lack of operability. How to scientifi cally construct custody review system, make it becomes the system integrity, content reasonable and the actual effect of the guar antee of human rights measures become the major problems to be solved.