论刑事侦查程序中捕后羁押必要性审查

捕后羁押必要性审查是刑事诉讼法修改的亮点之一。它是尊重和保障人权意识的司法实践,也让我们对于羁押措施的适用进行了新审视、重组合和再设计。从刑诉法修改的视角对捕后羁押必要性审查制度的实施困境进行分析,并对审查主体、审查内容、审查标准等实体要件及审查启动方式、审查模式等程序要件进行理论探索,对于司法实践是有裨益的。

On Review of Necessity of Custody after Arrest in Criminal Investigation Procedure

As one of the highlights in amendment to Criminal Procedure Law, the review of necessity of custody is believed to respect and safeguard human rights awareness in judicial practice and we can review, integrate and design applicability of custody measures again. It is of great benefit to judicial practice that we can analyze the review system of necessity of custody after arrest from the perspective of amendment to Criminal Procedure Law, and conduct a theoretical exploration on procedure requirements such as review subject, review content, review criteria and review startup mode.