Guaranteeing The Right Of Personal Liberty During Criminal Custody

The right of personal liberty is the basic right of a citizen and an important part of human rights.It is a basic right that should be respected and protected.But custody in the process of criminal proceedings is an exception concerning protecting right of personal liberty—restricting or even depriving the personal liberty of detainees is allowed.In the present legal institution of China,both constitution and criminal procedure law regulated for right of personal liberty to protect it.Under the guidance of the old idea “fight crimes first” of criminal justice and the traditional judicial system of implement this idea,punishment for crime is overemphasized.Protection of personal rights of the suspect and the defendant is ignored.In recent years,with the gradual deepening of judicial reform,it is not difficult to find that the phenomenon that right of personal liberty is infringed during custody is widespread.Abuse of criminal coercive measures,using without norm,exploiting existing legal loopholes and a series of other situations that infringes right of personal liberty happen all he time.Over-time custody has been cleared up year by year,but it is still exist commonly in certain classes of cases.The individual has a inherent disadvantage on the issue of remedy of right of personal liberty infringed in custody.Various problems exist,such as organ of legal supervision lacking rigidity in supervision,legal means not effectively and so on,which is due to overlooking the safeguard of right of personal liberty in custody.And this problem not only has hindered severely the achievement of procedural justice,but also expanded the borders of national judicial power and broke the just criminal litigation system.This thesis attempts to analyze the conservation status of right of personal liberty in custody,right of personal liberty being infringed owing to over-time custody,common problems about over-time custody in China and conservation status and problems of right of personal liberty in China from the international situation.Then discuss how to study through adjustment of legislation level,expansion of the individual remedying methods,improvement of state compensation system and introduction of the hearing system in the review for the necessity of custody.Thus the safeguard of right of personal liberty in custody will be achieved,social contradictions will be resolved and the punishment of crime and the safeguard of right of personal liberty will be an organic unity.The title of the thesis is Guaranteeing the Right of Personal Liberty during Criminal Custody and is divided into four issues briefly.The first issue is to study the restriction and infringement that maybe suffered in right of personal liberty during criminal custody through analyzing the important status of right of personal liberty,and how to guarantee the right of personal liberty in the various countries has been performed a comparison and further to establish significance of guaranteeing the right of personal liberty during criminal custody.The second issue is to study measures for judicial remedy on right of personal liberty period of custodial investigation under Anglo-American law system,continental law system and our current law through some methods such as empirical research and systematic research,and to understand protection and relief concerning the right of personal liberty in the domain of criminal proceedings in the various countries.The third issue is to analyze the relative regulations on extension of term in custody to the various countries and our country and further extend damage suffered in the right of personal liberty during extension of term in custody,and to put forward the questions concerning extended detention existed in our country.Summarizing features and manifestations of the questions concerning extended detention in our country,and to systematically analyse the reason caused to the questions concerning extended detention,through connecting with actual situation further to put forward the lack existed when the questions concerning extended detention are handled in our country.The fourth issue is to start with the different views such as the wrong understandings in detention and guaranteeing the right of personal liberty in our country,the questions existing at legislation level and lack of supervision system to analyze,and further to start with the different views such as legislation,individual relief and improving guarantor pending trail system for attempting and putting forward the relative improving measures to the basic questions concerning right of personal liberty in the period of detention in our country,the purpose is to realize and insist the modern judicial idea and to promote social conflict resolution.