Custodial Coercive Measures In Protection Of The Rights Of Criminal Suspects

From the social practice of law as reflected in the superstructure, ideology, historical development of human general trend is irreversible. In the twenty-first century, our country focuses on the harmonious development, and began to pay attention to a new era of human rights protection. China and the international community to join this effort, specifically in the field of criminal justice is to seek maximum protection of the rights of suspects and the accused, and to protect the rights of the formation of a scientific mechanism. The rights of suspects and the accused and the lowly status in China has deep historical reasons, but the right to face history, history as a mirror, with the rational rule of law in the future of our country must follow the objective law of progress.Based on the analysis and consideration of domestic and international criminal justice measures of detention of criminal suspects and the accused on the basis of protection of the rights, made a number of the advanced experience of the West on how to learn specific ideas for China's specific conditions and legal status of implementation Consideration, come to "draw the line will be gradually in-depth" conclusion. According to the structure and content of the article is broadly divided into four parts: The first part of the compulsory measures of detention of criminal suspects the right to protection of the rights of content and theoretical basis. Western countries, human rights protection system in place first advanced the concept from its advanced concepts of justice like a compass in the navigation. Western philosophy of criminal justice control is not difficult to find the concept of protection of human rights in China is still in its infancy. Presumption of innocence, prosecution and the defense balance, people-oriented has become a modern criminal justice on the three pillars of human rights protection.The second part of the coercive measures of detention of criminal suspects and the reasons for the Protection of the Rights of analysis. Investigated by a large number of judicial practice, and data integration, concept of human rights combined with lack of summed up the current mandatory measures in the custody of the main problems and causes. The first line from the judicial practice of materials show the country in terms of the concept of human rights protection, detection technology, there is a huge custody system are improved space.The third part of the compulsory detention of human rights protection measures for the Western experience. "complementarity" "Stones from other hills"is a classic ancestors left us instructions on the content of the advanced experience of the West, the experience of Western methods of absorption is the only way of improving their own. Gradual reference. Reserved for future repairs to both the space, while avoiding the country's inability to adapt the Western experience. Soft landing is the type of absorption maximum for the lowest cost outcome for the rule of law in the process of China's huge intangible cost savings.The fourth part of the compulsory measures to improve the custody rights of criminal suspects Protection of vision. Specific measures for the detention, the judicial protection of human rights principles to be operational. I made some humble opinion, some of which ideas cannot help but seem immature, but after all, innovation and innovation requires some trial and error. Perhaps the scientific system and method of trial and error is the practice in the soil a chance to take root.