论羁押必要性

羁押必要性通常是指羁押对于实现刑事诉讼目的是必需的,具有法定性、合理性和变动性三个特征。羁押必要性与羁押要件（条件）、羁押理由（事由）、逮捕必要性等既相区别又密切联系。羁押必要性的内容,主要由羁押目的所决定,具体包括保全必要性和预防必要性两个方面。羁押必要性是羁押要件的基本元素,是区分羁押与其他替代性强制措施的基本标准,是犯罪嫌疑人、被告人权利的基本保障。

The Necessity of Taking into Custody

The necessity of taking into custody usually means that the taking into custody to realize the aim of criminal procedure is necessary,which has the three characteristics： statutory,reasonable and changeable.The necessity of taking into custody and its condition,the reason of taking into custody and the necessity of arrest have the differences but close connections.The content of the necessity of taking into custody are mainly decided by the aim of taking into custody,concretely including maitaining necessity and preventing necessity.The necessity of taking into custody is the basic element of condition of taking into custody,which is the basic standard of differing taking into custody and other compulsory substitution measurements,and also the basic protection of the right of suspects and defendant.