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羁押是所有的强制措施之中最为严厉的一种,其运用会使受无罪推定保护之人自由被剥夺。在我国司法实践中未决羁押得到了广泛和普遍适用,成为一种常态。羁押措施在我国法律中不是一种法定的强制措施,同时羁押的适用也没有制度化,没有一整套相关的制度加以规范。未决羁押制度的缺失,导致了我国未决羁押出现了恣意化、惩罚化的倾向。从无罪推定的理念考察,未决羁押应当受到比已决羁押更加严格的司法控制,被羁押人应当受到比已决犯更佳充分的制度保障。因此,必须对我国现行未决羁押措施进行制度化、法制化。
Custody is one of the most severe of all coercive measures, and its application frees persons who are presumptively protected by their innocence to be deprived of their liberty. The pending detention in our judicial practice has been widely and universally applied and has become a norm. Custody measures in our law is not a statutory compulsory measures, while the application of detention is not institutionalized, there is no set of related systems to regulate. The absence of the pending detention system has led to a tendency of wantonization and punishment in the pending detention in our country. Based on the concept of presumption of innocence, the pending detention should be subject to more strict judicial control than the one in custody and detainees should be given better and better system guarantees than the convicted ones. Therefore, we must institutionalize and legalize the current pending detention measures in our country.