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未决羁押制度的种种问题已是中国刑事司法中的顽疾。对未决羁押制度的改革,首先就是要建立押捕分离制度,其核心在于将未决羁押的授权、审查、救济等诸多环节逐渐纳入到司法权的控制下,使未决羁押摆脱侦查工具、追诉手段的命运。以法院的权力制衡公安机关、检察院的权力,从而达到尽量减少对犯罪嫌疑人、被告人人权的侵犯。本文主要通过对西方一些法治较发达国家羁押制度的比较,来探讨我国押捕分离制度的构建。
The problems of the pending detention system have been a chronic illness in China’s criminal justice. The key to the reform of the pending detention system is to establish a system of separation of detention and arrest. The core of the reform is to gradually bring the many tasks such as the authorization, examination and relief of pending detention under the control of the judicial power so that the pending detention can be freed from the tools of investigation, Fate of prosecution means. With the power of the court to check the power of public security organs and procuratorates, so as to minimize the violation of the human rights of suspects and defendants. This article mainly through the comparison of the custody system in some western countries with the rule of law in order to discuss the construction of separation of arrest system in our country.