Research On The Protection Of Judicial Human Rights In Arrest

In order to guarantee the smooth conduct of the prosecution and the trial,to prevent the criminal suspects and defendants from carrying out the act of endangering the society or to evade the prosecution and trial,the special authority is given to the specialized organs to take coercive measures against the criminal suspects and defendants.But the adoption of such coercive measures is to limit or deprive the criminal suspect,the defendant’s personal freedom at the expense,must constitute to the criminal suspect,the accused certain degree of infringement,arrests as the criminal coercive measures of the most severe one,its human rights protection is more important and urgent,this article takes the arrest the human rights safeguard as the research object,Using the method of normative analysis and value analysis,the specific requirements and contents stipulated in the human rights protection in the arrest,the object and scope of the arrest,the legal consequences of violating the guarantee of human rights are fully analyzed,and the relationship between human rights protection and arrest is explained on the basis of demonstrating the theory of human rights guarantee in the arrest,Focusing on how to realize the goal of human rights protection,this paper probes into the basic principles and requirements of the application of human rights guarantee in the arrest,and then,through the comparative study of the foreign arrests system and the existing problems of human rights guarantee in the arrest system in our country,the concrete methods of realizing the human rights safeguard measures In order to make human rights guarantees more perfect in the future arrest system.The text is mainly divided into three parts.The first part discusses the importance and urgency of the human rights guarantee of arrest and the theory,principle and system requirement of the human rights guarantee in the arrest from the analysis of the function and the property of the arrest.The second part focuses on the analysis of the gap between the Chinese and western arrest systems through the horizontal comparison of the system of arrests in the developed countries,and through the longitudinal analysis of the changes of the arrest system in the 2012 before and after the revision of the Criminal Procedure Law,and from the historical point of view,what is the position of And the achievements of the arrests and the many deficiencies and deficiencies that have been achieved.The third part focuses on the existing problems of human rights protection in the arrest,discusses the way to solve the problem,and puts forward some corresponding suggestions for legislation.This paper puts forward that the arrested persons should be given more rights in the arrest,through procedural restriction,the judicial organs should take more responsibility,redistribute the applicable power of the coercive measures of arrest,introduce the judicial review mechanism in the arrest,realize the checks and balances of the power,and reach the purpose of restricting the application of arrest.At the same time,the relief mechanism of arresting coercive measures is strengthened,and the concept of judicial human rights protection is always adhered to in the arrest measures.