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目前,超期羁押、非法羁押现象在我国刑事侦查中普遍存在,这已经成为困扰我国刑事司法实践的主要难题。它严重削弱了刑事诉讼法的人权保障功能,使犯罪嫌疑人、被告人在刑事诉讼中的弱势地位更加恶化、权益失却保障,其主要原因是我国1996年修改的《刑事诉讼法》对侦查羁押期限的规定存在严重缺陷。本文将对我国侦查羁押期限的特点、缺陷、原因进行探讨,并对如何完善此项制度进行设想。
At present, the phenomenon of overdue detention and illegal detention is widespread in criminal investigations in our country, which has become a major problem that plagues the practice of criminal justice in our country. It severely weakened the human rights safeguarding function of criminal procedure law, worsened the disadvantaged position of criminal suspects and defendants in criminal proceedings, and lost their rights and interests. The main reason for this is that the “Criminal Procedure Law”, which was amended in 1996 in our country, There are serious flaws in the time limit. This article will probe into the characteristics, defects and causes of the investigation of detention in our country and also envisage how to perfect this system.