The Balance Between Post-sentence Detention System And Human Rights Protection Value

Generally speaking, is in custody pending the judicial organs shall not have cases take compulsorymeasures, the measures of detained people, will lead to actual punishment, which contains an seriousviolations been detained people (especially for innocent or is less guilty than) the legitimate rights andinterests of the possibilities. In criminal lawsuit process, custody pending plays an important role, it isconducive to ensuring the implementation of the criminal procedure smoothly, so as to facilitate theimplementation of the criminal litigation purposes. Effective control crime and safeguard human rights isthe aim of modern criminal procedure law, a perfect criminal procedure law requirements to achieve theunification of both organic. Therefore, establishing a perfect post-sentence detention system in a country’scriminal procedure law it is very necessary. Modern criminal procedure law developed countries areestablished a better post-sentence detention system in China, and now have not established a realpost-sentence detention system. Because of the lack of the system, the serious human rights violationsproblem more and more serious. And the concept of modern criminal procedure law is to respect andsafeguard human rights, so the reform of Chinese criminal custody system, the maximum guarantee ofhuman rights is imperative. This paper tries to post-sentence detention system and basic human rightsprotection concept, analysis of the dialectical relations between them and the way to balance, through theanalysis about post-sentence detention system of foreign experience, in our country to build post-sentencedetention system puts forward some ideas. This paper, besides the introduction and conclusion, which canbe divided into five parts:The first part is in custody pending a brief overview of the system, the main expounded on the basictheory of custody pending.The second part is the protection of human rights problems in custody pending, the first thing is toensure the connotation of paper, then analyses the detained person should have rights.The third is to custody pending and protection of human rights of the dialectical relationship betweenis analysed and the unity of the conflict between them and do has made the detailed analysis. The fourth part is in custody pending the balance and protection of human rights, first to balance thepending and people security guarantee for the necessity of analysis, then the profits from the overseasexperience clarify what way to balance through the relation between the two.The fifth part is the perspective of human rights protection in China post-sentence detention systemconstruction and improvement, this part of the full text of the key, based in China before the stage incustody pending analysis of the problems existing in the protection of human rights, and to construct ourcountry post-sentence detention system puts forward some ideas, including the concept, principle, andshould establish which a few respects, and finally put forward the existing system to reform to coordinatethe perfect post-sentence detention system construction.