Comparative Study On The Remedy System Of Criminal Rights Between Korea And China

Today is the era of human rights and international times. With the ideas of human rights have continued to deepen and expand, the theory of the subject of human rights has also been developed and enriched. And accompanying this process, special subject of human rights becomes an important part of the theoretical study on the subject of human rights; the special subject is referred to as vulnerable groups in society. Because in the special of national forced relationship, the rights of criminals was more easily violations, and needing more special care and strong relief. If the lack of protection the rights of criminals, resection and protection human rights is hypocrisy, because each person may be a potential criminal. Especially, at present the degree of protection right of criminal is the statue of human rights in a country, protection and relief rights of criminals has revealed basic attitude and value identity of human rights in a country. When legal rights of criminal had been violated and there are abstracts to protect rights, sometimes it is very hard to protect legitimate right of criminal, this reveal that there is a large gap between the idea and reality on protection rights of criminal.In this context, the author compared and studied the way about relief rights of criminal in the papers r comparison. And comparative study on the system of relief rights of criminals between China and South Korea does not belong to the comparative study between civil law and common law. However, there is a special significance on the comparative study. Because, as far as the traditional culture of Korea and China, there is a common part in some degree.There are four chapters except preface in this article. After introducing the concept and based features about rights of criminal, put forward the value of studying the right of criminal. based on analyzing protection of rights of criminal in the International human rights conventions, and comparative study the status about protection rights of criminal between China and South Korea, then put forward a perfect suggestion about the relief system of rights of criminal between China and South Korea.In order to perfect the system about right relief of criminals in China, firstly improving the system of prison law; secondly constructing complaint mechanism of criminal miscarriage; thirdly establishing a judicial remedy mechanism on the rights of offenders; finally implementing human rights remedy system of international criminal...