目前,人性化执法已成为主流的执法理念。蕴含其中的人权保障,特别是对犯罪嫌疑人、被告人的人权保障标志着执法意识的进步,也已成为许多国家刑事立法发展变化的新趋势。而刑事办案过程中对于犯罪嫌疑人或被告人超期羁押因与该理念背道而驰而受到法律的摒弃。但是,虽然光明正大的超期羁押已难见踪影,但“隐性超期羁押”却大量存在,与真正超期羁押相比其仅 At present, humane law enforcement has become the mainstream law enforcement concept. The guarantee of human rights contained in it, especially the protection of human rights of suspects and defendants, marks the improvement of law-enforcement awareness. It has also become a new trend of the development and changes of criminal legislation in many countries. However, the criminal detention or custodial detention of suspects or defendants in the process of criminal handling is abandoned by the law due to the opposite of the concept. However, although open and prolonged detentions have been difficult to find, “hidden detention” is widespread, with only the actual extended detention