Research Of Safeguard For Human Rights In China's Detain System

Along with the deeply process of our law, we should build our safeguard for human rights in detain system as soon as possible. There are a lot of cases which are exposured by the network media in 2009 mean that we have various issues in safeguard for human rights in detain system. This thesis hopes that we should learn from the various issues in present judicial practice, research and analysis the deficientions in our criminal legislation. By learning the international convention and the other law field's safeguard for human rights in detain system, we come to a conclusion that how to build our safeguard for human rights in detain system. This thesis maintains that we should use the theory of "check of balance", we can make use of the court which hold the state of being neutral to struggle against the organ of investigation, balance the two sides. We should separate detain and arrest radically, the court should hold the rights which decide to detain or not in order to avoid disturb from the organ of investigation. Meanwhile, we should expand the lawyers and detainees rights in order to struggle against the organ of investigation. Then we should allow the public opinions such as network media to supervise the hole custody procedure. This thesis also hopes that the theory can contribute to the progress of our law and give advice to the apteral legislative. In a word, this thesis can give practical legislative initiative to build our safeguard for human rights in detain system.