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目前我国司法机关运用拘留、逮捕等羁押性强制措施泛滥成灾,忽视非羁押性强制措施的作用,严重侵犯公民的人身自由权。非羁押性强制措施具有保障功能、预防功能、教育功能和保护功能,在立法和司法中应当遵循程序法定原则、无罪推定原则和人权保障原则。但实践中存在诸多问题,有必要进一步改革,具体包括:拘传制度、取保候审和监视居住的构建和完善三个方面。
At present, the judiciary in our country has used custodial coercive measures such as detention and arrest to flood the disaster, ignored the role of non-custodial coercive measures and seriously violated citizens’ personal freedom rights. Non-custodial coercive measures have the function of safeguarding, preventing, educating and protecting. They should abide by the statutory principle of procedure, the principle of presumption of innocence and the principle of human rights protection in legislation and judicature. However, there are many problems in practice and there is a need for further reforms, including three aspects: the system of arrest and prosecution, bail pending trial and the construction and improvement of residential surveillance.