| Constitution is the foundation of civil rights. Both substantive rights and procedural rights shall be stipulated in the constitution. The arrest system is closely related to the basic rights of criminal suspects. Therefore basic procedural rights of the criminal suspect in arrest system are worth studying. This article analyzes arrest system of our country from the perspective of human rights of criminal justice. The focus is all on right to the presumption of innocence, right to due process, right to a fair trial and right to bail.Generally, modern countries under the rule of law provide the four rights in the Constitution, as the procedures for the basic rights of citizens in criminal proceedings, and then, specify the criminal legal system and measures to protect these rights. Our country also stresses that the protection of human rights. But, in the law, the provisions of the rights of criminal proceedings are not abundant. There are some problems in the arrest system of our country. First, the lack of the concept of the presumption of innocence is high leading to the arrest and torture. Second, the distribution of the power to review of the arrest contraries to the principles of due process. Third, right to a fair trial of suspects is lack of protection, specifically, the right to defense and right to apply for state compensation. Fourth, the nature of the bail system of our country is inaccurate.In response to these problems, the author puts forward a few observations on improving the arrest system of China. First, we should implement the concept of the fundamental rights of the program, and increase in the provisions relating to the suspects criminal justice human rights in the Constitution. Second, we must resolutely implement the principle of the presumption of innocence. We should give the suspect who was arrested to the right to silence, improve the exclusionary rule, and improve review system of the necessity of custody. Third, we should re-distribute the power of review of the arrest, separate arrest and detention, establish judicial review system. Fourth, we also should give the suspects right to a fair trial, right to defense and right to apply for state compensation. Fifth, we can regard the system of releasing on bail as a right of the suspects. |
