刑事诉讼法修正案草案于3月8日提请十一届全国人大五次会议审议,保障人权入法是该草案的最大亮点。
controversial clauses(条款) that permit 1, arrest or surveillance of suspects at specific places, without informing their families, have been 2 revised in response to an outcry to 3 possible abuses of public security measures, as the latest 4 to the criminal procedure law is tabled for lawmakers to read.
clauses in the previous draft amendment to the law, which permit police to arrest suspects or hold them at a specific place under surveillance without telling their families, have been removed from the latest version delivered to the national people's congress for a third review on thursday.
the proposal requires public security to inform the suspect's family within 24 hours after arrest and surveillance, wang zhaoguo, vice-chairman of the national people's congress 5 committee, told members of the top legislature.
as for detention, the proposal still permits the police not to inform the family "if the case is related to state security or terrorism, and if telling families would 6(阻碍) the 7", wang said.
the changes are made to ensure the rights of suspects, he said.
thursday's proposal is also significant for "respecting and safeguarding human rights" as an essential principle in the proposed code. this is the first time this has been stated since the code was introduced in 1979.
wang liming, professor at renmin university of china, said the law as it stands should 8 9 the principle of human rights, as it is a principle 10(规定,保证) in china's constitution.
prior to this, the national people's congress standing committee had already reviewed stipulations in august and december, and had included major 11 such as the 12 of forced 13 under torture.
dai yuzhong, a member of the 14 committee under the 15 people's procuratorate, said in the new draft amendment that the 16 of evidence, 17, enforcement measures, investigation, as well as trial systems, all, to some extent, embody the protection of human rights.
dai acknowledged that sometimes the police use torture to force suspects to make 18.
the draft amendment has made clear that confessions 19(敲诈,强占) through illegal means, such as torture, should be excluded from evidence during trial.
zhao zuohai, a farmer from central china's henan province, was released after serving 10 years in prison in 2010 when the "victim" he was found guilty of murdering was found to be alive.
zhao told the media he confessed due to torture during interrogation(审问) . he later received about 650,000 yuan ($102,960) in compensation, xinhua news agency reported.
the latest draft amendment requires police and 20 authorities to improve law enforcement and protect the legal and other 21 rights of involved parties, dai said.
the amendment also clarifies 22 procedures for the review of death penalties. all death sentences must get final approval from the top court before being carried out.
"the draft 23 that if the top court rejects the death penalty, the case will be sent back to the local high court for retrial, which helps protect the suspect's legal rights and also reduces litigation costs(诉讼费用) ," he said.
"meanwhile, during the review period, the top court can call the suspect and listen to their lawyer's defense before making a final 24, which could effectively limit the number of death penalty cases, and improve the quality of trials involving death sentences."
while acknowledging the progress of the draft amendment, experts said they hoped that one possible step might see a reduction in the length of detention.
"i hope that the period could be reduced and judicial review by judges could be introduced in the early stages to ensure suspects are being brought to court 'as soon as possible', either to stand trial or be released," wang minyuan, a criminal procedure law professor with chinese academy of social sciences, said.
wang zhaoguo, however, stressed that improvements being made should be "progressive" and the draft "should not go beyond china's reality or imitate western judicial(公正的) and litigation systems".