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在基层社会治理中,刑事强制手段存在被滥用的情况:刑事拘留的对象往往被任意扩大;刑事拘留的使用目的也往往超出了刑事诉讼的保障功能,经常为安抚被害人、公众而对嫌疑人实施刑事拘留。这与基层政府刚性维稳的思路、执法人员和公众法治意识水平不高、相关法律制度的空白和缺陷都有很密切的关系。这种刑事强制手段的滥用因考虑了不相关因素而污染了公权力的正当性源头、错误地引导了公民法治观念、给少数人以刑事手段介入民事纠纷创造了机会,埋下了更深的隐患。以法治手段对此进行规制,有赖于立法上完善刑事拘留的严格适用标准;体制上建立刑事追诉目的性审查程序;司法上向前延伸强制措施必要性审查。
In the grass-roots social governance, there is abuse of criminal coercive means: the object of criminal detention is often arbitrarily enlarged; the purpose of criminal detention is often beyond the protection function of criminal procedure, often to appease the victim, the public and the suspects Criminal detention. This is in line with the idea of a grassroots government that maintains a rigid stability, that law enforcement officials and the public are not aware of the awareness of the rule of law, and that gaps and defects in relevant legal systems are closely related. This abuse of criminal coercive measures has polluted the legitimate source of public power by taking into account unrelated factors, misguided the concept of citizenship by law and created opportunities for a few people to intervene in civil disputes through criminal means, laying a deeper hidden danger . Regulating this by means of the rule of law relies on the strict application of the legislation on the strict application of criminal detention; the establishment of a criminal prosecution purpose examination system; forward judicially the necessity of coercive measures review.