未决羁押是指犯罪嫌疑人、被告人在法院作出有效判决之前被剥夺人身自由的状态。我国现行羁押审查程序设置不科学,羁押被滥用、超期、久押。虽然不同国家或地区未决羁押审查制度及相关专有名词名称不局相同,但在未决羁押审查程序上大都采用法官为签发羁押的主体,审查方式交为言辞形式,有权申诉,逮捕并不必然等同于羁押。我国在审查主体上,刑拘为公安机关逮捕为检察机关,审查方式为书面审查,存在诸多问题。因此,重构我国羁押审查程序,将拘留审查,权交由法院行使,审查程序采用书面审查、言辞等,双方书面的方式嫌疑人有权申诉。 Pending detention refers to the criminal suspects and defendants being deprived of their personal liberty before the court makes a valid judgment. The current procedure of detention examination in our country is unscientific, the detention is abused, overdue and long-term detention. Although the system of the pending examination of detention in different countries or regions and the names of relevant proper nouns are not the same, the majority of judges in the process of pending detention review use the judge as the subject of detention, and the examination methods are submitted in the form of words, with the right to petition, arrest and It is not necessarily the same as detention. On the subject of censorship in China, Xing Ju arrested for prosecution as a public security organ, the censorship method for the written review, there are many problems. Therefore, to reconstruct the procedure of detention review in our country, the detention review and the power should be handed over to the court for exercise. The examination procedure should be written review and rhetoric. Both parties should have the right to appeal in written form.