预防性羁押一直备受理论争议,但很多国家和地区都通过立法规定的方式明确确立了预防性羁押制度或者承认犯罪预防这一羁押理由,我国新修正的《刑事诉讼法》也承认了以预防犯罪为目的的羁押理由。面对预防性羁押适用的现实需要,只有通过立法严格规定其适用范围和适用条件,使预防性羁押的潜在做法制度化、规范化,才更符合人权保障与权力规制的目的。 Preventive detention has always been the subject of theoretical controversy, but many countries and regions have explicitly established a preventive custody system or recognized the reasons for the detention of crime through legislative provisions. The newly amended Criminal Procedure Law of China has also recognized the need to prevent Retention reasons for criminal purposes. In the face of the practical need of preventive custody, the potential practice of preventive detention should be systematized and standardized only through legislation strictly stipulating its scope of application and applicable conditions so as to be more in line with the purpose of guaranteeing human rights and regulating power.