Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure

In the View of Human Rights of China’s Non-custodial System

Author ChenYanLing
Tutor YangSongCai
School Guangzhou University
Course Legal Theory
Keywords Non - custodial measures Non-custodial system Released on bail Bail Protection of human rights
CLC D925.2
Type Master's thesis
Year 2010
Downloads 70
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Pretrial detention awaiting trial or non remand involved is the value of the security in the protection of human rights and freedom of checks and balances. Taken in custody or non-custodial measures awaiting trial, and also the need to balance the suspect and the victim's rights, as well as considerations of public safety and crime prevention. Pre-trial detention should be an exception, based on two basic principles: people before being found guilty, not guilty; enjoy the right to freedom of innocent people. National jurisdictions in order to safeguard the smooth progress of the investigation and trial activities necessary restriction or deprivation of the suspect, the defendant's right to personal liberty, in order to control crime, the protection of the purpose of the security of citizens. The protection of human rights is the development trend of the modern criminal proceedings, in the process of implementation of crime control, how to grasp the concept, and the protection of suspects, the basic human rights of the defendant, highlight the spirit of the rule of law, and the punishment of crime and the protection of human rights is facing One of the main problems. The modern major countries in general, the design and application of the system of non-custodial pre-trial is a measure of a country is an important symbol of respect and protection of human rights. Therefore, the non-custodial measures applicable to pre-trial detention, on the one hand, the applicable pre-trial detention to take strict legal control, on the other hand give full protection to the rights of criminal suspects, the accused, and strive to achieve the punishing crimes and human rights safeguard the unity. China's bail system is a very hot issue in the field of criminal justice. Non-custodial pre-trial proceedings in the Criminal pretrial is an exceptional measure, while in custody is the most commonly used measures, suspects in custody, is not conducive to the protection of human rights in criminal proceedings. Defects due to release on bail the system, leading to the release on bail is low, extended detention serious. Western countries will bail system as an alternative custody measures aimed at limiting state power, procedural justice, a more complete system design, and played an important role in the protection of human rights and the conservation of judicial resources. On the basis of analysis of the system of non-custodial disposable pre-trial judicial philosophy and the United Nations international minimum standards on non-custodial brief compared the practice of the system of non-custodial the Two Schools countries pretrial and bail of release on bail a comparative analysis. Look at from the point of view of the protection of human rights of non-custodial measures, from the non-custodial measures in the the applicable current situation of our country as well as its impact on the protection of human rights analysis to find the underlying causes of the problem and the institutional level with reasons, to the perfection of the system of the non-custodial to rational thinking.

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