捕后羁押必要性审查机制的构建及程序衔接

Construction and Program Cohesion of Review Mechanism of the Necessity of Custody after Being Arrested

逮捕及随之而来的羁押是对公民基本权利的剥夺,适用逮捕措施必须遵循必要性原则、比例原则的要求。我国审前羁押率过高的现状,背离了人权保障的价值理念,成为刑事诉讼进一步发展的一大障碍。修订后的《刑事诉讼法》赋予了检察机关捕后羁押必要性审查权,对于解决审前羁押率过高的问题大有裨益。行使捕后羁押必要性审查权力的应当是侦监部门、公诉部门及监所检察部门,三个部门应当建立协调配合机制以实现检察业务资源的优化整合。

Being arrested and the following custody is the deprivation of the fundamental rights of citizens and the application of arrest measures must meet the requirements of necessity principle and proportion principle. The present situation of high pre- trial custody rate in China departs from the value idea of human rights protection and becomes a major obstacle for the further development of criminal procedure. The revised ＂Criminal Procedure Law＂gives procuratorial organs the review right of the necessity of custody after being arrested,which is beneficial to solve the problem of high pre- trial custody rate. It is the investigation and supervision department,public prosecution department,and procuratorial supervision department that can exercise the review right of the necessity of custody after being arrested and they should establish coordination mechanisms so as to optimize the integration of procuratorial business resources.