近来,在看守所、拘留所等羁押场所屡屡发生如“躲猫猫死”、“鞋带自杀死”、“睡觉死”、“摔跤死”、“洗澡死”、“喝开水死”、“灭蚊中毒死”、“从床上摔下死”等被羁押人非正常死亡事件,这些荒诞、离奇的“死法”事件引起了读者的普遍关注。它已从个体性案件上升为公共事件,并对公安机关的执法公信力造成了严重损害。该现象所涉及的问题已成为当下法学界所不得不面对的实践性课题。我们认为,这些现象的发生既有人的因素,也有制度的原因。但无论有怎样具体的原因,它都显露出了当前执法监督机制和监所管理体制上存在的漏洞,而要彻底终结这一现象,果断地进行制度改革和完善才是治本之策。那么,什么样的制度改革和完善才能治本呢?我们首先希望对它从法理上进行探讨。由于本议题涉及面广,所以我们就该问题刊登了一组笔谈,拟从法理学、宪法、刑法学、诉讼法学等相关领域出发,希望能够从深层次、多角度对这一问题进行探讨。 Recently, prisoners of war, detention centers and other places of detention have frequently occurred such as “hide and seek”, “lace suicide”, “sleeping dead”, “wrestling dead”, “bathing dead ”“, ”Death of drinking water “, ”mosquito poisoning “, ”fall from bed " and other non-normal deaths in custody, these absurd, bizarre Aroused the reader’s general concern. It has risen from individual cases to public events and has caused serious damage to the credibility of law enforcement by public security agencies. The problems involved in this phenomenon have become the practical issues that the law circles nowadays have to face. We believe that the occurrence of these phenomena has both human factors and institutional reasons. However, no matter what the specific reason, it reveals the current loopholes in the law enforcement supervision mechanism and the prison management system. To completely end this phenomenon and decisively carry out the system reform and improvement are the fundamental solutions. So, what kind of system reform and perfection can cure? We first hope that it will be discussed from the jurisprudence. Because of the broad scope of the issue, we published a series of written questions on the issue and proposed that we should proceed from the relevant fields of jurisprudence, constitution, criminal law and procedural law, and hope that this issue can be explored from a deep-seated and multi-angle perspective.