作为一种限制公民人身自由的最重要的手段,未决羁押不仅关系到公民的基本权利,也反映出一个国家的法治水平。现代西方法治国家普遍建立了未决羁押的司法审查制度,由中立的司法机构对羁押的合法性进行审查。而我国并没有建立这一制度,导致在司法实践中滥用羁押权、侵犯嫌疑人、被告人权利的事件时有发生。本文通过比较西方各国关于未决羁押的规定,从而发现我国未决羁押制度中存在的缺陷,并提出了构建我国未决羁押司法审查机制所应该在观念上和制度设计上的改变。 As one of the most important means to limit the personal freedom of citizens, the pending custody not only concerns the basic rights of citizens, but also reflects the level of the rule of law in a country. In modern western rule of law countries, judicial review system of pending detention is generally established, and the legitimacy of custody is examined by a neutral judicial body. However, our country did not establish such a system, which led to the abuse of custody in judicial practice and the occurrence of violations of the rights of suspects and accused. By comparing the regulations on the pending detainees in various Western countries, this paper finds out the defects in the system of pending detention in our country and puts forward the concept and system design changes that should be made in the construction of the judicial review system of the pending detention in our country.