为改善囿于羁押审查的非独立性而带来的“构罪即捕、一押到底”、审前羁押比率高等司法实践中普遍存在的不正常状况,减少违法羁押与无必要羁押,切实保障犯罪嫌疑人、被告人的合法权益,2012年3月修改后刑诉法和最高检颁行的《人民检察院刑事诉讼规则(试行)》(以下简称“《规则》”)确立并较为具体地规范了捕后羁押必要性审查制度。本文在对羁押必要性审查制度运行状况进行考察的基础上,2梳理其所取得的成效及存在的问题,并提出 To ameliorate the non-independence brought about by the detention review, it has resulted in the widespread irregularities in judicial practice in pre-trial detention and the reduction of illegal detention and unnecessary detention. The Criminal Procedure Law of the People’s Procuratorate (Trial) (hereinafter referred to as the “Rules”) was established by the effective protection of the lawful rights and interests of the suspects and defendants in March 2012 and the revision of the Criminal Procedure Law and the Supreme Examination and Procuratorate More specifically regulated the necessity of arrest after arrest system. Based on the investigation of the operational status of the detention necessity review system, 2 it reviews its achievements and existing problems and puts forward