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捕后羁押必要性审查制度具有监督、救济和补充的功能属性。但由于法律的规定不完善,实施的效果也不甚理想,需要从审查评估机制、审查启动模式、异议救济措施和相关配套制度出发来构建一个科学有效的捕后羁押必要性审查机制,保障该制度能够得以有效的运行,切实实现惩罚犯罪与保障人权之间紧张关系的平衡统一。
The review of the necessity of arrest after arrest has the functional attributes of supervision, relief and supplement. However, due to imperfect laws and regulations, the effect of implementation is not very satisfactory. Therefore, a scientifically effective review mechanism for the necessity of arrest after detention needs to be set forth from the review and appraisal mechanism, censorship and start-up mode, dissident relief measures and related supporting systems, The system can be effectively operated and the balanced unity of punishing crimes and safeguarding human rights can be effectively implemented.