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目前我国正处在变革和转型期，当前社会治安面临着严峻形势，犯罪数量激增、犯罪手段也不断翻新，威胁了社会稳定和经济发展，因此，每隔一段时间，公检法机关都要进行一次“严打”整治活动，有些学者更是提出所谓的“治乱世需用重典”，主张严刑峻罚。在如此背景之下，为了“惩治犯罪 ”、“震慑潜在的犯罪分子”，司法机关完全可以采用各种各样的侦讯手段。

At present, China is in a period of change and transformation , the current grim situation facing public order , crime surged, criminal means has also been renovated , threatening social stability and economic development, and therefore , every so often , public security organs should be carried out once . " Strike Hard "anti-crime activities , some scholars even proposed the so-called " draconian measures required in times of trouble "and advocated strict punishment . In such a context, in order to " punish crimes ," " deter potential criminals ," the judiciary can employ a variety of means of interrogation . The whole community in the diffuse utilitarian values makes criminal activities bring obvious utilitarian overtones .

社会环境、国家权力运作策略等深层因素在支持着司法者违反程序的行为并“暗中”给预防程序性违法制度的创制设置了障碍。对社会公众来说，“社会治安状况较差，犯罪率居高不下”的现实，也使得其期盼国家加强打击犯罪的力度，因而也就对某些程序性违法现象有相对的认同。

Social environment , the state power operational strategy underlying factors in support of the judiciary violation of the procedures and the " secret " to prevent procedural violations regime created an obstacle . [ 10 ] for the general public , the " social security situation is poor , high crime rates ," the reality , but also makes it look forward to countries to strengthen anti-crime efforts , therefore, certain procedural violations phenomena relative recognition. Therefore, the procedural violations recognition may not simply be attributed to traditional cultural legacy of damage, but mainly people on a realistic scenario by an empirical choice.

而且，刑事案件复杂程度日益增加，面对繁重的工作压力，办案人员难以兼顾打击犯罪和程序性合法，在实体真实和程序正义发生冲突的情况下，牺牲程序正义往往成为追求实体正义的代价。

Moreover, the increasing complexity of criminal cases , the face of heavy pressure of work, investigators difficult to balance the fight against crime and procedural legal, and procedural justice in the physical real conflict situations , often at the expense of procedural justice as the pursuit of justice entities consideration .

( 1 ) " immediately after the first break ," " locked in ." Judicial practice, by filing indicators and other factors restraining the investigating authorities " immediately after the first break ," " locked in " the concept of deep, solve the case after the filing of the first approach is also more common . In many investigators concepts in case you can not stand up and withdraw , Dismissal is the wrong case .

( 2 ) Detention of range , ultra- term , do not change according to the law enforcement measures . " Criminal Procedure Law " Article 69 , paragraph 2 , "For the people who commit crimes repeatedly commit crimes, gang crime ," the major suspect , drew examination and approval of arrest may be extended to 30 days . In practice, the public security organs to make one-sided understanding of this provision , this provision applies regardless of preconditions , for there is no " people who commit crimes repeatedly commit crimes, gang crime ," the situation will also be submitted for examination and approval of arrest time was extended to 30 days.

( 3 ) custody of range , ultra- term , in order to form