英、美、法、意、日等国家的未决羁押制度融入了法治的理性,未决羁押基本上已经成为一种制度化的刑事诉讼强制措施,并在程序与实体上均由法律加以控制,从而较大程度地防止了对羁押权的滥用,对被羁押人的人身自由等合法权利给予了较为充分的保障。相比之下,中国的未决羁押制度已经越来越凸现出诸多的根本性缺陷,制度的借鉴与重构成为司法改革之亟需。 The system of pending detention in Britain, the United States, France, Italy, Japan and other countries has been integrated into the rationality of the rule of law. Pending detention has basically become an institutionalized compulsory measure in criminal proceedings and is controlled by law in both procedure and entity Therefore, abuse of the right to custody is prevented to a large extent, and the legal rights of the detained person such as personal freedom are fully guaranteed. In contrast, China’s pending custody system has increasingly highlighted many fundamental flaws. The system’s reference and reconstruction have become the urgent need for judicial reform.