论我国羁押期限制度的完善.pdfVIP

方面加以考量：一是实现羁押期限和办案期限的分离；二是根据轻罪和重罪分别设置羁 押期限，借以体现比例原则的基本精神；三是限定最高羁押期限；四是明确延长羁押期 限的法定条件，并确立羁押期限司法审查机制；五是建立羁押期限定期复查机制；六是 建立适用于未成年人的特殊羁押期限；七是建立违反羁押期限制度的责任追究机制。 关键词：羁押期限；比较与借鉴；不足与完善 Abstract Punishment of crime and protection of human rights are two indivisible aspects of the purposes of criminal proceedings,Most of the contemporary China s judicial activities focus only on the punishment of crime , protection of human rights, particularly the protection of criminal suspects and defendants of the legitimate rights and interests are ignored ,This outstanding performance in our long-term existence of a large number of extended detention and illegal detention .The reason for this is mainly that there are many problems in the Criminal Law of detention system .This article is intended to analysis of the custody time limit system of our country, and examine the the extraterritorial main country under the rule of law to the relevant provisions of the custody time limit system,on this basis pointing out that the detention of the main problems existing in the period of the system in China,then proposing to improve the vision of China s detention period system,and also hoping that the development of the interests of the protection of criminal suspects and the accused is beneficial. This article body consists of four parts .The first part is an overview of the system of detention period .This paper first discusses the basic meaning of custody time limit system,then analysis the custody of the basic characteristics of the period of the system,the detention period is statutory , the proportionality , independence and change the nature.On this basis, presents specification of th