刑事羁押司法审查与控制的比较研究

刑事诉讼的人权保障有特别重要价值。本文通过比较研究,得出世界一些国家或地区在刑事审前程序中接受正当程序观念,引入或采纳弹劾式侦查模式,赋予犯罪嫌疑人较多的诉讼权利和实质性的诉讼主体地位。普遍确立了人身保护令制度以及对逮捕、搜查、扣押等与公民基本权益有关的强制措施的司法审查与控制制度,对其具体规定和作法予以介绍。考察世界一些国家或地区的人身保护令制度和对于刑事羁押的司法审查与控制,对我国的刑事诉讼立法不无启示。

A Comparative Study of the Judicial Review and Control of Criminal Detention

The protection of human rights in connection with criminal procedure is of special significance and, through a comparative study, this paper has come to a conclusion that some countries in the world have adopted the concept of due process, introduced the investigative model so as to give the suspect more rights in litigation and substantial position of subject of litigation. They have also generally established a system of habeas corpus and relevant rules concerning basic civil rights connected with arrest, search, detention, etc. Specific rules and laws in this respect are introduced here and a survey of the system of habeas corpus and the judicial review and control of criminal detention in these countries will certainly give inspiration to the legislation of criminal procedure in China.