修改后刑诉法第九十三条确立了羁押必要性审查制度,但只是进行了原则性的描述,缺乏具体的程序性规定,理论界和实务界纷纷对该制度的构建、配套制度的完善等进行探讨和设想,众说不一。在充分调研和借鉴的基础上,《人民检察院刑事诉讼规则(试行)》(以下简称“《规则》”)制定了相对细化的规定,这些规定严格遵循了修改后刑诉法第九十三条的立法精神,为羁押必要性审查在实践中的运行提供了法定程序依据。但作为一项新制度,仍有许多问题需要探讨和完善。笔 Article 93 of the amended Criminal Procedure Law established the system of reviewing the necessity of detention, but only described the principle in principle and lacked specific procedural provisions. Both the theoretical circle and the practical circle went through the process of constructing the system and perfecting the supporting system To discuss and imagine, different opinions. On the basis of full investigation and reference, the “Rules of Criminal Proceedings of the People’s Procuratorate (Trial)” (hereinafter referred to as the “Rules”) have formulated relatively detailed provisions strictly following the amended Article 9 of the Criminal Procedure Law The legislative spirit of Article 13 provides the legal procedural basis for the operation of the necessity review of detention in practice. However, as a new system, many problems still need to be explored and perfected. pen