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随着新的刑事诉讼法颁行,尊重与保障人权的理念更加根植于我们的内心。而从漫长的历史长河来看,这样一种根本价值的存在也经历了一个漫长的过程。羁押制度作为刑事诉讼法中一个具有历史意义的制度从其发展就可以窥见整个人权事业取得的点点滴滴的进步以及我们所付出的的努力。本文中笔者将对从夏商周到明清时期的囚禁制度进行剖析,以对我国羁押制度的历史和人权的进步有更为深刻的了解。
With the enactment of the new Code of Criminal Procedure, the concept of respecting and safeguarding human rights is even more rooted in our hearts. Judging from the long history, the existence of such a fundamental value has also gone through a long process. As a historic institution in the Criminal Procedure Law, the system of detention can give a glimpse of the bit by bit progress made by the entire human rights cause and the efforts we have made since its development. In this article, I will analyze the system of captivity from the Xia, Shang and Zhou Dynasties to the Ming and Qing dynasties in order to gain a better understanding of the history of our detention system and the progress of human rights.