羁押虽不是我国法律规定的强制措施,却带有强制措施的性质。从司法实践来看,我国羁押制度的执行存在许多问题。长期以来,普遍羁押、长期羁押、超期羁押成为刑事司法实践中的一大顽症,在全国人大组织的刑事执法大检查中,超期羁押与刑讯逼供、律师辩护难并列为突出的三大问题。实际上,实践中存在的远远不是超期羁押的问题,而是普遍羁押的问题。通过相关资料,可以看出,最近5年全国平均每年有超过84%的刑事案件都在适用羁押措施。由此,完善羁押制度、解决高羁押率问题,成为摆在实务界、学术界面前的一项紧迫课题。以实证分析的视角,通过对检察机关最近几年执行羁押制度的实践数据的分析,对羁押制度在当前司法实践中暴露出的制度缺陷的分析研究,并结合北碚检察院在执行羁押制度改革创新方面取得的一些经验,对如何建立检察机关保障羁押制度正确执行的运行机制提出构想。 Although custody is not a compulsory measure prescribed by the law of our country, it has the nature of coercive measures. Judging from the judicial practice, there are many problems in the implementation of the detention system in our country. For a long time, universal detention, long-term detention and extended detention have become a major chronic problem in the criminal justice practice. During the large-scale criminal law enforcement inspection organized by the NPC, the three major outstanding issues are extended detention, torture by torture and defense by lawyers. In fact, what is practically in existence is far from the issue of overdue detention but the issue of universal detention. Through the relevant information, we can see that in the recent 5 years, on average, more than 84% of all criminal cases in the country are applying detention measures. Therefore, improving the system of detention and resolving the problem of high detention rates has become an urgent issue in the practical and academic fields. From the perspective of empirical analysis, through the analysis of the practice data of the detention institution carried out by procuratorial organs in recent years, this paper analyzes and studies the institutional defects that the detention system exposed in the current judicial practice. Combining with BeiJing Procuratorate in the reform and innovation of detention system Some experiences gained have put forward some ideas on how to establish a mechanism for the prosecutorial agencies to safeguard the proper implementation of detention.