Study On Detainee’s Rights Protection In Pending Detention

Today,accompanied by the development of human civilization, people pay more attention to their own liberation and development, the protection of human rights has been paid more and more attention. Freedom of the person is the most basic human rights, right of personal freedom degree of respect, is a national civilization, the rule of law an important indicator of the level, the most in the custody of the application of coercive measures in the process of.Custody refers to legal authorities in accordance with the procedures prescribed by law, within the specified time to criminal suspects, defendants in certain places of detention coercive measures. Pending detention is refers to the court before the guilty verdict in law should be presumed innocent of the crime suspect, defendant in custody, in order to ensure the smooth conduct of criminal activity the important means. Presumption of innocence is a generally accepted principles of law, any person without independent judicial bodies in determining guilt before, in law should be presumed innocent people. China’s1996and2012" Criminal Procedure Law " is in twelfth established this principle. With the principle of the presumption of innocence as the starting point, pretrial detention is an exception to the procedural safeguards, should only be applied to the part of criminal suspects, defendants, and should not be for all suspects special enforcement method.The modern country under the rule of law based on the principle of the presumption of innocence, after hundreds of years of development, the protection of human rights in particular criminal suspects rights protection achieved considerable experience, the pretrial custody system into the rule of reason, there is considerable scientific and rational. For example, in the pending custody rights, universal will pending custody rights to exercise judicial institutions. The investigation organ may exercise the right of suspect compulsory attendance, but no longer detaining the suspect’s power. In the place of custody, usually the suspect, defendant in custody in a prison or other not by police, prosecutors control judicial place of imprisonment. Pending detention places not belonging to the defendant, the defendant is controlled within the scope, rather like a court the judge, in a neutral position. This system can avoid prosecution organs in the control of detainees by torture to extract confessions, extended detention and other means, violations of the suspect, accused person’s legitimate rights and interests. In custody pending alternative measures, to carry out as little as possible custody requirements, even in custody within the statutory time limit, in compliance with the statutory conditions can be to stop the implementation of custody, using other non-custody measures instead of. The wide acceptance of alternative measures of detention is mainly the bail system. In custody pending the judicial relief, a pretrial relief and post relief two. The former refers to the court accepted the case before, gave the detainee to protest or complaint must start relief procedure rights, through relief program affirms custody actions are illegal or not necessary and shall terminate the. In illegal custody afterwards relief, expansion of the national compensation scope, simplified by illegal detention of claim procedures, so that the victim in the shortest possible time compensation. Through the pending custody rights, detention, detention places to alternative measures and judicial relief and other aspects of the setting, to better protect the suspect, accused person’s right.In recent years, great progress has been made, such as the annual white paper issued the human rights situation,2007revised "Lawyer Law ", made2009" National Human Rights Action Plan ", the2012amendments to the new " criminal law " and so on, but as a result of the history, political reasons pending detention, in the protection of the rights of the situation is still not optimistic. In the view of legislation, not given to making too silence right, compulsory measures are taken when the right to be informed is relatively weak. For measures of multipurpose, resulting in pretrial detention rate is high, the overcrowding. The number of one-sided pursuit, investigators cannot be completed within the stipulated time, litigation, but disguised extended custody. The position is not neutral, the role of the lawyer can not fully play, plus the presumption of guilt of the values ingrained, despite repeated prohibitions torture to extract confessions. Is the importance of fighting crime, and neglect the protection of human rights, for alternative custody measures to control more stringent procedures, lack of right relief.In view of the current situation of our country, draw lessons from foreign mature system, according to the fundamental national condition of our country and the current judicial system, for the pending custody of the detainee’s protection of rights, the author thinks, should be in custody pending legislation to expand in the rights of the detained person, establishment of criminal suspect voluntary principle, establish the right of silence system, increase the custody rights to inform the content, guarantee their right to know. Second, reform and improve the system, including the reference of bail system, improve and strengthen alternative custody measures are applied, to establish exclusionary rule of illegal evidence, cogent safeguard lawyers in litigation rights, the lockup neutrality and the establishment of the illegal detention of the compensation mechanism.