Outstanding Balance With The Protection Of Human Rights In Custody

Custody means "a measure that the judicial organizations detain the arrested susp ect or the defendant at the detention house or other regulated place and limit his or herpersonal freedom". Criminal custody is closely related to human rights. Fundamentally the purpose of custody is to protect human rights, while custody itself will lead to violating human rights. It is a common task faced by the future scholars of Chinese human rights law and criminal procedure law to find a suitable contact point between these two aspects, we object to merely protecting human rights of the collection and ignoring protection of individual rights. We also object to too much emphasis on protectionof individual rights without considering the interests of the whole society. Thus, it is necessary for us to find such a contact point.It is unnecessary to conceal that there exists a serious problem of high custody rate, long-term custody and overdue custody in our country, which puts an obstacle to th e process of China's criminal procedure democratization. Though non-custody measures such as "qubao houshen" ( post a bail and await trial with restricted liberty of mo ving) are regulated in criminal procedure law, the actual practice rate is not high. With the fast speed of procedure democratization progress, more and more attention is pa id to protection of citizens' personal freedom and rights. Not only must the trials be ensured to carry on smoothly, but also few cases of custody and protection of the person al freedom of the suspect and the defendant must be realized. Combination of these two aspects is the best choice.This paper states the inevitability of conflict between these two aspects by analysis of pending custody system and connotation of human rights. Considering the reason ability of pending custody and the importance of human rights protection, this paper mainly studies how to balance between these two aspects, followed by analyzing the p roblems existing in our country's current pending custody system. Finally the paper puts forward some preliminary suggestions about reforming and improving our country 's current pending custody system from the perspective of system designing and law-making.