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一直以来,对于超期羁押的研究都是停留在刑事诉讼法范围以内,结合实践研究如“成因”、“对策”、“长效机制”等。去年,最高司法机关将超期羁押纳入刑法调整的范围内;一些学者对超期羁押所涉嫌的罪名也提出自己的见解。总的来说,超期羁押构成何罪,有如下三种意见:非法拘禁罪、滥用职权罪、玩忽职守罪。笔者认为,不同情况的故意超期羁押行为可以构成三种犯罪:非法拘禁罪、滥用职权罪、徇私枉法罪,本文就超期羁押构成非法拘禁罪的有关问题进行探讨。
All along, the research on extended detention has remained within the scope of the Criminal Procedure Law, combined with practical research such as “cause”, “countermeasure”, “long-term mechanism” and so on. Last year, the Supreme People’s Court handed over the detention of detentions within the scope of criminal law adjustment. Some scholars also put forward their own opinions on the alleged charges of prolonged detention. In general, there are three types of opinions as to what constitutes an overdue custody, as follows: illegal detention, abuse of power and neglect of duty. The author believes that intentionally overdue detention in different circumstances can constitute three kinds of crimes: illegal detention, abuse of power, favoritism and favoritism, this article discusses the issues related to the excessive detention of illegal detention.