论文部分内容阅读
羁押是国家强制剥夺犯罪嫌疑人、被告人人身自由,保障诉讼程序顺利进行的重要手段,在司法实践领域中起着举足轻重的作用。为顺应社会发展,2012年刑事诉讼法创设了捕后羁押必要性审查,该制度贯穿于犯罪嫌疑人、被告人被捕后判决确定前的整个诉讼过程,具有较高的可操作性,但实践中由于存在争议及各客观因素,其落地实施屡屡遇挫。该如何完善这一制度,正是当下刑事执行检察部门乃至检察机关着力解决的重要课题。
Custody is an important means by which the State forcibly deprives suspects and defendants of personal liberty and guarantees the smooth progress of litigation procedures and plays an important role in the field of judicial practice. In order to comply with the social development, the Criminal Procedural Law of 2012 has established a review of the necessity of detention after arrest. This system runs through the whole process of litigation before the suspect and the accused are arrested and has a high maneuverability, but practice Due to the controversy and various objective factors, the implementation of its landing frequently frustrated. How to perfect this system is precisely the momentous issue that the criminal prosecutorial departments and even the procuratorial organs strive to solve nowadays.