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The Research Of Cirminal Coercive Measures Under The View Of Human Rights Protection

Posted on:2015-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y F WangFull Text:PDF
GTID:2296330431487427Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The criminal compulsory measures are an important part of the criminal justicesystem in the activities of criminal lawsuits, which not only safeguard the prosecution ofcrime effectively, but achieve the purpose of protecting human rights, especially for thecriminal suspect and defendant. With the continuous development of human rightprotection, the criminal compulsory measures in our country are more than reflect thehidden purpose to punish crimes, more attention should be put on the guarantee ofhuman rights. Protecting human rights becomes the higher demand on criminal lawsuit.Further strengthen the guarantee of power of crime suspect and defendant, has beenbecome the most important goal when the criminal compulsory measures carried out.Existing criminal coercive measures system there are still insufficient in human rights,to reform and perfect, has become an inevitable trend.This paper introduced the relevant concept of criminal compulsory measures andhuman right protection in our country, explicated the definition, nature, function,purpose of criminal compulsory measures and the relevant concept of human rightprotection, and through analysing the necessity of human right protection in the processof criminal compulsory measures, to further analyse the human right protection in theimplementation of human rights protection,we analyzed the concrete provision andquestions in the implementation of human rights protection, and explored the reasonsthat result in the lack of human rights protection from the point of the concept,legislation and institution. Aiming at the need of perfecting the human rights protectionof criminal coercive measures of our country, from two aspects of legislation value ideaand concrete system to perfect it, putting forward three kinds of the noncustodialcompulsory measures which including perfection of accusatorial system, obtain aguarantor pending trial and supervision of residence, and two kinds of custodycompulsory measures that perfected detention and arrest, Setting up the judicial reliefmechanism and legal supervision mechanism perfecting suggestion.
Keywords/Search Tags:Human rights, Criminal compulsory measures, Human rightsprotection
PDF Full Text Request
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