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欧洲人权法院近年来对于一系列案件的裁决理由及其相关论证,反映出欧洲人权法院在持续性羁押措施运用方式上的最新立场。即对于被羁押人所实施的持续性羁押,随着具体案件中羁押期限的逐渐延长,司法机关“阐释具体案件中羁押事由的责任”应当日趋严格,并且在每一次做出延长羁押决定时,都必须说明新的事由才行。在刑事司法准则日益国际化的背景之下,该立场反映了持续性羁押发展的整体趋势,对我国羁押制度的完善具有较强的借鉴意义。立足我国的法律实践,反思与国际人权基准之间的脱节与落差,将持续性羁押制度纳入公正审判权的保障体系,是羁押制度发展的大势所趋。
In recent years, the European Court of Human Rights has adjudicated the rationale for a series of cases and their related arguments, which reflect the up-to-date position of the European Court of Human Rights on the ways and means of applying continuous detention measures. That is, as the custody of detainees in custody continues, the judiciary ’s “responsibility to interpret the causes of detention in specific cases ” should become more stringent as the duration of detention in specific cases is gradually extended, and every time the detention decision is extended When it must be explained that the new reasons Caixing. Under the background of the increasingly internationalization of criminal justice standards, this position reflects the overall trend of sustained detention and has a strong reference for the improvement of the detention system in our country. Based on our country’s legal practice and reflection on the disconnection and gap between the international human rights standards and the incorporation of the system of continuous detention into the system of fair trial, it is the general trend of the detention system.