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由于法律规定的语焉不详,检察院在提起审判监督程序中适用强制措施争议极大。非在押的原审被告人在检察实践中确有逃避抗诉审查的情形,各检察院为保证抗诉顺利进行,事实上或直接或变通地适用着强制措施。回应这种实践需求,需要从提起审判监督程序适用强制措施的事由、种类、时间、程序等方面进行规范,以保证权力合法运行,避免侵犯人权。
Due to the lack of clarity in the legal provisions, the Procuratorate has imposed a great deal of controversy on the application of compulsory measures in the process of bringing trial supervision. The original defendants who were not in custody did escape evasion of protest in procuratorial practice. Procuratorates, in order to ensure the protest proceeded smoothly, applied de facto or directly or coercively the coercive measures. In order to respond to such practical needs, it is necessary to standardize the reasons, categories, time and procedures for applying the compulsory measures in the trial and supervision procedures so as to ensure the legitimate operation of powers and to prevent human rights violations.