论现代审前羁押制度遵循的普遍原则

原则作为规则的基础或本源是一种综合性、稳定性原理和准则,其特点是不预先设定任何确定的、具体的事实状 态,没有规定具体的权利和义务,更没有确定的法律后果,可称为规则的规则,是法律推理的权威出发点。审前羁 押制度遵循的普遍原则是指设置羁押制度时指导并使羁押制度具体化的原理和准则,是审前羁押制度以现代法 治理念为基础所形成的准则,归纳起来就是:程序法定原则、必要性原则、例外原则、比例原则、司法裁判原则和法 律救济原则。

The Modern Pretrial Detention Regime Follows the General Principle

The principle is treated as a comprehensive and stable or conduct which is the base or resore of rule. It's feature is that any definite and concrete fact or right and duty are not been made in advance, the legal consequence as well. The rule which could be regarded as principle is authoritative beginning resored from legal presumption. The pre-trial detention regime follows the general principle which guide and helps the regime concretely when the principle is set up. The principle is also the rule which is based on the mondern legal idea. In a word, they are: legal procedure,necessity,exception, prohibition against excessiveness, judicial adjudication,remedy principles.