An Analysis About The Capture System Through The Visual Angle Of Human Rights Assurance

Human rights protection in criminal lawsuit has got more concern since the issue stated in constitution in 2004. As the severest kind of criminal coercive measure, arrest is the concentrated reflection of state coercive power. Improper using this measure will infringe upon the suspect's human rights. Therefore, the research on the arrest system of China from human rights protection has great significance in theory and practice. Human rights has the different parts: public human rights and personal human rights. In criminal lawsuit, the concept of human rights implies the basic personal human rights. As a coercive measure, arrest system implies the same. So the arrest system should obey the proportion principle and modest principle.Through the compare the arrest systems of China and foreign countries, some limitation of our nation' s arrest system list as following: 1. The imply of rights protection in arrest system only emphasis the public human rights, ignored the personal human rights. 2. The arrest program has too much administration authority to be short of neutrality. 3. The arrest qualification ignores program document, without the proper judicial succor program when the suspect arrested.Combined with our nation's judicial practice, reference the foreign advanced arrest system, some conceptions about arrest system improvement shall been taken into consideration: 1. More attention should been put into basic personal human rights of suspect. 2. Arrest and detain should be put into apart, must insure the special examination of detain, add the suspect's privilege to apply the judicial succor. 3. Establish the bail system, reduce the proportion of detained suspects.