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中国曾经以前苏联为模式,构建了自己的刑事司法制度。然而,1992年,俄罗斯联邦在刑事司法制度方面进行了意义深远的改革:在审判前阶段建立了司法审查制度。从而使犯罪嫌疑人、被告人获得了“为权利而斗争”的机会。面对俄罗斯的刑事司法改革,我们不得不反思我国侦查羁押制度的种种弊端。违法羁押、超期羁押之所以屡见不鲜,且侦查羁押的适用呈现出工具化、普遍化的现象,究其根本,在于对侦查羁押的认识存在种种误区。为此,有必要对侦查羁押的属性及其正当性、侦查羁押应当体现的诉讼理念、限制侦查羁押的法律原则进行理性的思考,从而为构建合理的侦查羁押制度提供理论支持。
China used the former Soviet Union as its model to construct its own criminal justice system. However, in 1992, the Russian Federation carried out far-reaching reforms in the criminal justice system: a system of judicial review was established at the pre-trial stage. So that the suspects, the accused won the “struggle for the right”. In the face of the reform of criminal justice in Russia, we have to reflect on the drawbacks of our investigation of the detention system. The reasons for illegal detention and extended detention are not uncommon, and the application of investigation and detention shows the phenomenon of instrumentation and universality. The fundamental reason lies in the misunderstanding of the cognition of investigation and detention. Therefore, it is necessary to rationally consider the nature of criminal detention and its legitimacy, the concept of litigation that should be manifested in investigation and detention, and the legal principles that limit the investigation and detention, so as to provide theoretical support for the establishment of a reasonable investigation and detention system.