法治视野下的羁押制度

羁押制度是刑事诉讼中的重要制度。它的存在既有正当性道德基础 ,又有正当性法律基础。它的运作既需符合并遵循正当性标准 (正当程序 ) ,又不可避免地受诸多因素的影响。我国羁押制度的存在也具有正当性 ,但在规范层面存在某些正当性缺失 ,在实际运作过程中也有与法治社会不符的情况发生。因此 ,在修改刑事诉讼法时 ,有必要在法治的视野下研究如何对其进行完善

Custody System in the View of Legality

Custody system is an important system in criminal procedure. Its existence possesses both moral and legal basis for its justice. The operation of it will meet and follow the standard of justice (due process), and be inevitably affected by many factors. The existence of the custody system of China also has justice, but there are some shortcomings concerning justice in the aspect of norms. Some occurrences inconsistent with the society of legality took place in the process of the operation. Therefore, it's necessary to study how to perfect it in the view of legality while the criminal procedure law is being amended.