On The Application Of The Criminal Enforcement Measures And The Protection Of Human Rights

With the rule of law, human rights in the process of promoting the protection of the world's increasing importance as the protection of human rights are a common practice. In the field of criminal justice as involving a party human rights more areas of law, protection in criminal proceedings the parties paid close attention to human rights. You can see, with the idea of human rights protection gradually enter national criminal activities, the strengthening of human rights protection in countries on the reform of the criminal law process. In criminal activities, the exercise of State authority will affect the rights of individual citizens, also appears to protect the human rights of the parties. One of the suspects, accused of human rights will be affected by the State authority and greater restrictions and deprivation, and the suspect, accused of human rights protection in the past often neglected, how to strengthen the criminal suspects and defendants of the protection of human rights by all parties concerned.In recent years, China's strengthening human rights protection have made positive efforts, many legal provisions also embodies the idea of human rights protection. In our criminal law, criminal litigation enforcement purposes from a mere protection of litigation, the fight against crime to combat crime and protecting human rights. Criminal enforcement measures to safeguard the smooth criminal activities played an important role, and its restrictions on human rights and the denial of the nature and the protection of human rights and conflict. With the protection of human rights in the strengthening of the criminal justice field, how to better address the concerns of both conflicts, but also to become scholars and members of the judiciary. China has a complete range of criminal enforcement system, compulsory measures from weak to strong, depriving from restrictions, applicable to criminal proceedings in various cases, different conditions of criminal suspects and defendants. Our legal and judicial interpretations and strict control of the criminal enforcement of the applicable conditions, can take enforcement measures also provides the appropriate review procedures, so that fewer people entering the program, which itself already embodies the emphasis on human rights. But criminal enforcement measures in combating crime and the protection of human rights in a real-world activities are more difficult to find a balance, both conflicts often occurs in practice. Criminal enforcement of legal provisions and the applicable legal provisions still exist in a number of shortcomings, criminal enforcement in practice and a violation of the suspect's human rights or the suspect's human rights becomes a crime victim.This article in response to the current criminal procedure law and related laws, judicial interpretation of the provisions of the criminal enforcement measures, in the context of its use in practice, on criminal enforcement measures applicable in the suspect the right to security problems. Hope to be able to find the cause of these issues further reason, coupled with China's judicial practice, the relevant system from foreign countries, to put forward their opinions, wishes to modify our code of criminal procedure and criminal enforcement action to protect and guarantee of human rights provide some reference balance.