法治国家一般引援无罪推定的准则,而所谓“未决羁押”则是把法律层面尚属无罪的嫌犯进行收押,这是对公民人身的侵权。尤其是在强调控辩双方地位平等一致的当下,通过限制嫌犯自由,阻挠其为自己辩护和收集有利证据的手段暴力剥夺公民权利愈不可取,应多用取保候审代替未决羁押,是平衡未决羁押与无罪推定的最好出路。 The rule of law in countries that generally impose the principle of presumption of innocence, and the so-called “pending custody ” is the legal level is still innocent suspects in custody, which is the infringement of citizens. In particular, the emphasis on the equal status of both prosecutors and defense nowadays is not to be taken by force to deprive citizens of their rights by limiting the freedom of suspects and obstructing their means of defending and collecting favorable evidence. The best way out of custody and presumption of innocence.