In The View Of Human Rights Of China's Non-custodial System

Pre-trial detention or non-detention pending trial,involving the balance of the value security and liberty. The balance between detention or non-detention pending trial and the right to liberty must be guided in fact by the balance between the rights of individual offenders and the rights of victims and the concern of society for public safety and crime prevention. Detention and arrest are an exception.Release pending is based oon two fundamental principles:people are innocent until proved guilty,and innocent people have a right to freedom.But the main purpose of the pre-trial detention is to protect the investigation and adjudication activities of the national judicial organs and the general social benefit of the citizens'security by the necessary limitation of the suspects and the defendants'legal rights.And one of the main problems is how to protect the human rights of the suspects and the defendants while they are investigated and before brought to court.In the relative documents of the United Nations and most countries,it is regarded that the pre-tial non-custody system and its application are the symbol of a country's democratic civilization to show the government's respect and protection to fundamental human rights.Therefore, in most countries,the strictly restrain the application of the pre-trial detention or non-custody by legal control and put more emphasis to offer adequate rights to the suspects and the defendants and to protect their fundamental human rights.Nowadys,the system of bail pending trial with restricted liberty of moving in China is highlighted in the field of criminal justice.In our pre-trial criminal procedure,guaranteed pending trial is a exception,while pri-trial detention is common,leading to widespread detention of suspects,which is harmful to the protection of human rights in criminal procedure.Based on the analysis of dominated judicial theory of pre-trial non-custody system and the United Nations'minimum standard on pre-trial non-custody, I made a brief comparison of the non-custody system between two legal system,and made a comparative analysis between bail and guaranteed pending trial.From the perspective of protection of human rights,analysis the problem of pre-trial non-custodial measures.Begin with the analysis of application of our non custodial measures and its influence of protection of human rights,I try to find out the profound reasons and system deficiency,and make some suggestions on reform the system of our graranteed pending trial.