论文部分内容阅读
从我国法律条文来看,我国的羁押制度还是比较完善的,但在具体的司法实践中羁押率高、超期羁押、久押不决的问题仍存在,且捕后羁押必要性审查程序的缺失值得关注。文章对捕后羁押必要性审查进行概述,再通过司法实践分析捕后羁押的现状,反思捕后羁押问题存在的原因,并对进一步完善捕后羁押必要性审查机制提出一些建议。
Judging from the legal provisions in our country, the system of detention in our country is still relatively perfect. However, in specific judicial practice, there are still many problems such as high detention rates, prolonged detention and long-term indecision, and the lack of reviewing procedures for the necessity of detention after arrest is worth attention. The article summarizes the necessity review after the arrest, and then analyzes the current situation of the arrest after the arrest through judicial practice, and reflects the reasons for the existence of the custody after the arrest. And some suggestions are put forward to further improve the review mechanism of the necessity of arrest after the arrest.