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Legal Protection And Remedy Of Right Of Personal Freedom Of Suspect

Posted on:2010-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:H N SunFull Text:PDF
GTID:2166360278958972Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Right of personal freedom is a kind of basic human rights and citizens' basic rights. Suspect should enjoy the right of personal freedom equally. There are some defects in protection and remedy of the right of personal freedom, so in order to speed up the progress of democracy and rule of law, and to reduce the difference between our country and west developed countries, the legal system of protection and remedy of right of personal freedom of suspect should be improved as soon as possible. Human rights of suspect have been paid close attention to for a long time by scholars. But nearly no one takes the right of personal freedom of suspect from the concept of human rights, this is the distinctive point of this article.First we must learn some basic conceptions of the right of personal freedom, for example, suspect, right of personal freedom, legal remedy, relative legal source and reasonable protection of the right are all included. The stones of those hills may be used to polish gems. It is very necessary to compare the legal system of protection and remedy of right of personal freedom of suspect in British & US Law System to the similar system in Civil Law System. We can study their advancement and rationality in order to reform and improve the legal system in China.We can see from the development and present conditions of the legal system of protection and remedy of right of personal freedom of suspect of China that there are some shortcomings of the system and if those shortcomings could not be relieved, the rule of law and harmonious society would not become true. So it is time to improve the legal system that protects and remedies the right of personal freedom of suspect of China without any hesitance. Because what we do are meant to change the old judicial ideal, which emphasizes that to fight crime comes first, and to protect right follows.
Keywords/Search Tags:suspect, right of personal freedom, legal protection, legal remedy
PDF Full Text Request
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