审前羁押是各国刑事诉讼中广泛采用的一种强制措施,我国《刑事诉讼法》虽然未将审前羁押作为一项独立的强制措施,但不可否认它是我国刑事强制措施体系的重要组成部分,也是不可缺少的一部分。随着我国刑事诉讼改革的深入进行,审前羁押在适用中暴露出诸多问题,引起人们普遍关注,也对我国审前羁押制度提出质疑。审前羁押应以程序保障为基本目的,同时贯彻例外性原则和比例原则,并从各个方面加以严格控制,避免公民权利受到国家权力的任意侵犯。实践中,普遍羁押、超期羁押现象严重,审前羁押在适用中走入了工具化、普遍化的严重误区,审前羁押制度亟需完善。 Pre-trial detention is a coercive measure widely adopted in criminal proceedings in various countries. Although China’s “Criminal Procedure Law” does not consider pretrial detention as an independent coercive measure, it is undeniable that it is an important part of China’s system of criminal coercive measures , Is also an indispensable part. With the deepening of the reform of criminal procedure in our country, pre-trial detention has exposed many problems in its application, arousing widespread concern and questioning the pretrial detention system in our country. Pretrial detention should be based on procedural guarantees and should be accompanied by the principle of exceptions and proportionality and should be strictly controlled from all aspects to prevent civil rights from being arbitrarily infringed upon by the state. In practice, the widespread custody and prolonged detention are serious, and the application of pretrial detention has entered a serious and erroneous tool of instrumentalization and generalization, and the system of pretrial detention urgently needs improvement.