超期羁押中的国家赔偿立法缺位探析

Analysis of Legislative Flaws in Law of National Compensation for Overrun Custody

分析了我国超期羁押的现状,从探讨超期羁押的性质出发,侧重从对超期羁押的国家赔偿角度即事后救济层面上进行思考,重点分析了当前国家赔偿救济在超期羁押方面的先天不足,即《国家赔偿法》的立法缺位,并建议通过完善立法以有效地弥补被超期羁押人所遭受的损失,限制国家的权力越轨。

Analyses the status quo and causes of overrun custody in China and discusses the importance of compensation/remedy for citizens who were detained beyond the legal time limit via the execution of the law of national compensation. In addition, the legislative flaws of the law of National Compensation are discussed, with some professional suggestions set out to restrict the abuse of authority especially to make up efficiently for the loss of the persons who were detained beyond the legal time limit.