基于对G市检察机关审查起诉阶段羁押必要性审查的实践为样本展开的实证调查发现,羁押必要性审查实践具有程序启动频率偏低、程序的启动以当事人和辩护律师申请为主、变更的强制措施以取保候审为主、变更羁押原因较为多样化、侦查阶段改变羁押成功率较高、审查内容多样、审查方式单一、审查机制因地制宜等特点,并存在全面审查难以实现、改变强制措施后监管难、羁押必要性自由心证面临困惑、改变羁押措施决定缺乏强制力、内部衔接机制不完善、文书格式不统一、对犯罪嫌疑人是否仍然具有社会危险性评估标准不易把握、法律规定不完善等问题。为了进一步激活和完善刑事诉讼法最新修订确立的羁押必要性审查制度,可以从以形式审查为主扩大羁押必要性审查覆盖面、补强羁押必要性审查运转流程、完善公诉部门与侦监及监所部门之间的对接机制、完善羁押必要性审查立法等方面予以努力。 Based on an empirical investigation of the practice of the detention necessity review conducted by prosecutors in G city during the prosecution phase, it was found that the examination of the necessity of detention has a low frequency of procedure initiation. The initiation of the procedure is mainly based on the application of litigants and defense lawyers and the enforcement of changes The measures are mainly bail pending trial, diversification of reasons of change in custody, higher success rate of detention during the investigation stage, diversified examination contents, simple examination method, suitability of censorship and other features, and a comprehensive review difficult to implement. After the change of coercive measures, supervision is difficult , The necessity of detention is confused, the decision to change the detention measures is lack of coercion, the internal cohesive mechanism is imperfect, the format of the documents is not uniform, the suspects are still not easy to grasp the social risk assessment criteria, the law is not perfect and other issues . In order to further activate and improve the system of reviewing the need for detention established in the latest revision of the Criminal Procedure Law, we can broaden the coverage of the necessity review of detention in the form of formal examination, reinforce the review of operational necessity of detention, improve the procedures of public prosecution and investigation and supervision Departments docking mechanism, improve the necessity of detention review legislation and so on.