未决羁押正当性的实体透视与程序推演

未决羁押正当性的实体目的是防止未决羁押期限超过法官最终确认的徒刑期限,其制度设计的直接目的,当然是设置一种程序机制来尽可能准确预测法官的最终判决。达成未决羁押正当性的措施以实现审判结构的科学性为前提,在此前提下主要考虑两方面的措施一方面确立对未决羁押的司法审查程序,包括对自然羁押与正式羁押的区分以及警察、检察官的风险选择;另一方面实现侦查权与关押权的分离。

The Substantial Perspective and Procedural Study on Due Pre-detention

The substantial purpose of due pre-detention is to avoid the detention term beyond the final imprisonment. Its direct purpose is certainly to set a procedural system to forecast the final imprisonment nicely. The measures of due pre-detention are on the basis of the just trial structure. There're two aspects to be considered: one is to establish the judicial review procedure for pre-detention, including the distinction between natural and official detention and the venture choice of polices and prosecutors; the other is to realize the separation between the powers of investigation and detention.