未决羁押必要性审查制度研究

发布时间：2018-09-15 06:17

【摘要】：未决羁押,是未经判决便对公民采取的强制措施。因为立法上的缺陷,我国在其适用上一直深受诟病。长期以来,我国在强制措施的适用中存在着许许多多的问题,羁押率的持高不下,司法人员的法律意思依然淡薄,超期羁押、刑讯逼供事件层出不穷。2012年我国对《刑事诉讼法》进行了修改,其中第93条对未决羁押必要性审查制度有了明确性的规定,不仅赋予了我国刑事诉讼法对人权保障的工作职责,代表着我国刑事诉讼法的又一次提升,也标志着我国刑事诉讼法发展尊重和保障人权方向的肯定。需要注意的是,我国毕竟刚刚才设立了该制度的原则和轮廓,对于这一制度的设定还过于原则化,操作性并不强,虽然也有最高人民法院和最高人民检察院都出台了相应解释,给新的制度予以支撑和规范,但在发布至今的三年中,仍然暴露出来了不少问题亟待解决。就最近几年的实施情况相较于法制发达国家来说,羁押必要性审查并没有得到我们期望中的结果,羁押率并没有实质性的降低,甚至审查羁押的案例所占比重也没有明显提高,我们需要走的路还有很长。
[Abstract]:Pending detention is a coercive measure taken against citizens without a judgment. Because of the defects in legislation, our country has been criticized for its application. For a long time, there are a lot of problems in the application of coercive measures in our country. The rate of detention is high, and the legal meaning of judicial personnel is still weak. In 2012, China amended the Criminal procedure Law, in which Article 93 has clear provisions on the system of examining the necessity of pending detention, which not only gives China's Criminal procedure Law the job responsibility of guaranteeing human rights, It represents another promotion of our criminal procedure law, and also marks the affirmation of the direction of respecting and protecting human rights in our criminal procedure law. It should be noted that after all, our country has just set up the principles and contours of this system, and the setting of this system is still too principled, and the operation is not strong, although there are also corresponding explanations issued by the Supreme people's Court and the Supreme people's Procuratorate. The new system is supported and standardized, but in the three years since its publication, many problems have been exposed. In recent years, compared with the developed countries with the rule of law, the review of the necessity of custody has not yielded the expected results, the detention rate has not substantially decreased, and even the proportion of cases examined in custody has not increased significantly. We still have a long way to go.
【学位授予单位】：贵州师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D925.2

【相似文献】