试论隐性超期羁押的危害及其控制

超期羁押是当前刑事司法实践一大顽疾,不仅严重侵犯被羁押者的合法权益,给其亲属造成不必要的负担和痛苦,且妨碍了刑事诉讼活动的正常进行.超期羁押既有表面上即明显超出法定期限的显性超期,也有以形式上合法掩饰实质上不合法的隐性超期.针对司法实践中尚不为人们所重视的"隐性超期羁押"问题,从分析其表现、危害及成因入手,试着探求解决的对策,以期对从根本上预防和纠正此类现象有所裨益.

On the Harm and Control of Covert Extended Custody

Extended custody is a chronic disease in present criminal judicial practice, which not only infringes to the legal rights of the persons who have been taken into custody, but brings about the unnecessary loads and hurt for their relatives, even hinders the criminal lawsuit action. It is self-evident that extended custody is a kind of over time limit that goes beyond the legal deadline. At the same time, it is a sort of illegal covert deadline, hidden by legality formally. In connecting with the question that hasn't been drawn enough attention in judicial practice,the author tries to seek the countermeasure from analyzing its performance, harm and contributing factors, to fundamentally prevent and correct this kind of phenomenon to have a benefit by the time.