羁押必要性审查的适用现状及完善思考——以浙江绍兴市检察机关的实践为视角

Thinking on the Present Situation and Improvement for the Application of the Necessity Censorship for Detention

新《刑事诉讼法》设立了羁押必要性审查制度,对于动态考察被羁押人继续羁押的必要性、最大限度维护被羁押人的合法权益具有重要的意义。但通过实证分析发现,在实践中,目前刑事羁押率依然呈高位态势,检察机关羁押必要性审查工作收效甚微,尤其在审查启动、审查模式、审查内容、评估机制、审查环节和审查后果等方面突显了不少问题,非常有必要进行反思,并从制度和机制层面加以完善和解决。

The necessity censorship for detention, which was established in the new ＂criminal procedural law＂, is very important to inspect the necessity of the continue detention for people in custody dynamically and maintain the human rights. But the rate of criminal detention is still increasing. The necessity censorship for detention was not effective, and there are still some questions appearing in the beginning, mode, contents,mechanism, process and consequence. It is necessary to rethink, improve and solve the problems in the aspect of system and mechanism.