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在我国刑事诉讼制度中,羁押是一种将犯罪嫌疑人、被告人关押于指定场所,暂时剥夺其人身自由的状态。正如有些学者所言,“羁押并不是一种法定的强制措施,而是代表着一种人身自由被暂时剥夺的实然状态,是刑事拘留和逮捕之后所生成的法律状态与结果。”羁押的首要目的是保障诉讼活动顺利进行,同时保障犯罪嫌疑人、被告人基本人权。我国司法实践中存在着羁押期限过长、超期羁押等问题,羁押必要性审查制度的缺失,是这些问题存在的重要原因之一。
In China’s criminal procedure system, detention is a state in which criminal suspects and accused persons are held in designated places and their personal freedom is temporarily deprived of their liberty. As some scholars have put it, “custody is not a statutory measure of coercion, but a de facto temporary temporary deprivation of liberty, the legal status and result of criminal detention and arrest.” " The primary purpose of detention is to guarantee the smooth progress of the litigation activities while safeguarding the basic human rights of criminal suspects and defendants. In our judicial practice, there are many problems such as the long duration of detention, the prolonged detention and so on. The absence of the system of censorship of detention is one of the important reasons for these problems.