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比例原则具有限制国家权力的行使和保护公民个人权利的重要意义,而我国的侦查羁押制度恰恰存在着国家权力被滥用和公民人身自由受到侵害的问题,背离了比例原则。本文选取我国中部某省X市看守所进行调研,以实证的方法探析我国侦查羁押与比例原则之差距,分析其原因,并提出完善的建议。
The principle of proportionality has the significance of restricting the exercise of state power and protecting the individual rights of citizens. However, the system of investigation and detention in our country has the problem that the state power is abused and the personal freedom of citizens is violated, which departs from the principle of proportionality. This paper selects the X detention center of a certain province in central China for investigation and research, and analyzes the gap between the principle of detection detention and the proportionality principle in our country by means of empirical method, analyzes its causes and puts forward some suggestions.