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On The Protection Of Human Rights Of Undetermined Detainees

Posted on:2019-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q YuFull Text:PDF
GTID:2416330548469415Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The protection of human rights is the basic idea of modern criminal procedure and the inevitable requirement for building a country under the rule of law.The protection of the human rights of the undetermined detainees is its deserved intention.In addition to the limitation of the person,the other rights of the pending detainees are as protected as the ordinary citizens.Although the laws and regulations protect the human rights of the pending detention personnel,there are still violations of the human rights of the pending prisoners.Such as extorting confession by torture,overdue detention,and the problems of the right to be not guaranteed.This article,taking the undecided detainees as the object,discusses how to protect the human rights protection of the undecided detainees.In view of the problems in the protection of the human rights of the pending detention personnel and the consequences of violating the human rights of the pending custody personnel,we analyze the causes of the problems one by one.The causes of the extortion of confession by torture have both the influence of traditional ideas,the reasons for the imperfect litigation system and the legislative defects.Overdue detention is difficult to control,influenced by the judicial environment,and is also subject to the reason that the period of detention and the deadline for handling cases are confused.The rights of pending detention personnel are difficult to guarantee.In addition to the limitation of personal freedom,there is a lack of protection for the rights of pending detention personnel.In order to guarantee the human rights of the undecided detainees more comprehensively,the software and hardware environment should be perfected continuously,and the police force,the investment of funds and the reform management system should be ensured.At the same time,still need to take legal measures to solve the problems,such as how to perfect criminal procedural protection and increase accountability case inquisition by torture to curb the inquisition by torture,extended custody,detention period set perfect relief mechanism to prevent extended custody in accordance with the principle of proportionality,the exercise of relevant rights for detainees pending provide convenience it will help to protect the human rights of persons in custody pending.
Keywords/Search Tags:undetermined detainees, human rights, extortion of confession by torture, overdue detention, relevant rights
PDF Full Text Request
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