羁押制度是刑事诉讼中的重要制度。它的存在既有正当性道德基础 ,又有正当性法律基础。它的运作既需符合并遵循正当性标准 (正当程序 ) ,又不可避免地受诸多因素的影响。我国羁押制度的存在也具有正当性 ,但在规范层面存在某些正当性缺失 ,在实际运作过程中也有与法治社会不符的情况发生。因此 ,在修改刑事诉讼法时 ,有必要在法治的视野下研究如何对其进行完善 Detention system is an important system in criminal proceedings. Its existence has both the moral basis of legitimacy and the legal foundation of legitimacy. It operates both in compliance with and following the justification standard (due process) and inevitably by a number of factors. The existence of detention system in our country is also justified, but there are some defects of legitimacy in the normative level. In the actual operation process, there are also situations that do not conform to the rule of law in society. Therefore, it is necessary to study how to improve it under the rule of law when amending the Criminal Procedure Law