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A Study upon the Legal Regime of the Criminal Custody after the Implementation Act of Two Human Rights Covenants
|Authors: ||Chen, Wen-Tzuoo|
|Contributors: ||NTOU:Institute of the Law of the Sea|
Human Rights, ,;Detention;International Covenant on Civil and Political Rights;Implementation of the two Conventions
|Issue Date: ||2019-05-23T06:24:53Z
This article discusses the impact of the Legal Regime of the Criminal Custody after the Implementation Act of Two Human Rights Covenants.Since withdrew from the United Nations, it has not completed the procedures for signing the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. However, it has been declared by the Legislative Yuan to pass the "Two Covenants Implementation Act." Detainment is the most serious violation of personal freedom before the determination of a guilty verdict. Therefore, it is imperative to practice the legal procedures such as the pre-arrest rule, and to examine whether it is a criminal suspect and has custody according to the general custody prescribed in Article 101 of the Criminal Procedure Law and the preventive custody prescribed in Article 101(1). Reasons why it is necessary to detain or not. This article is divided into seven chapters. The first chapter describes the research motivation, research purpose, research scope and method. The second chapter describes the basic outline of criminal detention system in our country and related regulations. Chapter 3 outlines the implications of human rights, the "International Covenant on Civil and Political Rights" and the "International Covenant on Economic, Social and Cultural Rights," and the parts related to China's legal system for the detainment. Chapter 4 introduces the characteristics of the legal system of detention in progressive democracies. Chapter 5 reviews the current criminal detention system in China. Chapter 6 is the relevant innovation proposals, including the disclosure system, the principle of verbal argument, the right to receive communications, the contraction during detention, and the preservation of custody. Chapter 7 is the conclusion, which is based on the synthesis of the arguments in each chapter of this article.
|Appears in Collections:||[海洋法律研究所] 博碩士論文|
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