有刑事诉讼,就有逃避刑事责任的人,而国家也就有权对其采取必要的人身保全措施。据冈田朝太郎教授解释,人身保全乃维持现状之谓,非保护也。〔1〕人身保全措施的基本功能,是确保被追诉人能够到案接受审判。人身保全措施的对象是一个尚未最终被判定有罪的公民。因此这种措施面临 There are criminal proceedings, there are people who evade criminal responsibility, and the state will have the right to take the necessary measures to personal preservation. According to Okada Taro Professor explained that personal security is to maintain the status quo, non-protection also. [1] The basic function of personal security measures is to ensure that the accused can be put on trial. The measure of habeas corpus is a citizen who has not yet been found guilty. So this measure is facing