On The Protection Of Human Rights In Criminal Detention In China

Human rights guarantee is one of the symbols of the modern law and modern civilization. The concept of human rights is traceable back to the combating with the feudalism which is for democracy, equality and liberty in the West. In the combating, Bourgeois ideologists brought forward the slogan of Natural Rights. After the bourgeois revolution, countries of the West abolished the old criminal procedure laws. They prescribed the principles and contents of human rights guarantee in criminal procedure, and made the human rights guarantee become the tiptop rule in criminal judicature. The polities and judicatures of countries are different, but human rights guarantee have been a guideline of criminal judicature, which is recognized by the international society.Now, the pre-trial procedure is the centre of attention in theory and practice. And compulsory measures which deprive the freedom of persons straightly are more important in pre-trial procedures. But for all kinds of reasons, peoples' concerns for the detention seem to be not enough relative to other criminal compulsory measures and the significance of the detention in practice, and its study is not thorough too. Detention will get rid of the liberty of criminal suspects, which is as seem as arrest. It will bring much threaten to human rights of criminal suspect if the system of detention is not reasonable, and will much effect the after criminal procedure and the substantive justice of the cases. So it's necessary to study on this system deeply.It's should began with conception when we work on a theoretical system, which like this text. It's not deep on the study of the conception of criminal detention in our country. And it's faint on the meaning, the characters and the essence on theory. The author thinks that the criminal detention is a special measure which should be used in urgency. Then the author analyses the meaning of criminal detention, and define the conception of it. Then, The author summarize the relation of the criminal detention and the human rights guarantee, and analyses the theoretical base which is that it pertaining to crime detention with the innocent inference for premise, with regarding the criminal suspects' personality for foundation, with the guarantee of the rights of participation in lawsuit of suspects for essential condition, and with enhancing the investigative organ's responsibility of handling cases by law for core.