论羁押“必要性”

“必要性”既区分“羁押”与保证到案的拘捕等前提行为,又区分“羁押”与保释等替代措施。羁押的必要性是指羁押对于达成保全嫌疑人的人身、保全证据和预防再犯等羁押目的是必需的。我国附带了羁押效果的拘留和逮捕措施,在行动之初就应体现羁押必要性。

On the "Necessity"of Detention

Necessity"distinguishes the precondition actions such as detention and arrestment with a pledge of accessibility to suspects on one hand,it distinguishes detention and the substitute measures such as bailment on the other. The necessity of detention refers to that detention is indispensable for safeguarding the suspects available to case, saving the evidences and preventing recommitment, etc. In our country, we still have one kind of custody with detaining effect and arrestment measure, so we should reveal the necessity of detention at the beginning of its action.