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未决羁押作为一种刑事强制措施,对于保障诉讼活动顺利进行具有重要意义。然而,若羁押不当会对被羁押人的人权造成侵犯,还会引起国家赔偿等严重后果。所以应尽可能的将未决羁押的侵害性降至最低,对此,不仅要有公正合理的制度设计,在实践运用中还要克服体制与观念的重重障碍。
As a kind of criminal coercive measure, the pending detention is of great significance to guarantee the smooth progress of litigation. However, improper detention can infringe upon the human rights of detainees and cause serious consequences such as state compensation. Therefore, it is necessary to minimize the infringement of the pending detention. In this regard, not only should there be a fair and reasonable system design, but also many obstacles to the system and concept must be overcome in practice.