On the basis of the new constitution amendment in 2004,this paper demonstrates the importance of the incorporation of human rights protection into the constitution and its impact on the idea of constitutionalism and the construction of the constitutionalism system.
This system shows the contradictory and united relationship between conduct of criminal penalty and protection of human rights. For the relationship, the criminal coercive measures system must be perfected.
That the idea of guarantee of human rights and the experience of innumerable judicial mistakes and wrong investigations in China and abroad shows it must be balanced between the necessity of mandatory investigations and the requirement of civil rights ensurance, and must ensure the human rights in the investigation procedure.
We should draw lessons from foreign advanced theories, with ensuring citizen's legitimate rights and interests as the goal, to establish and implement some modern law principles to control police power as soon as possible, such as human rights guarantee principle, police public principle, police proportion principle and police due procedure principle.
The draft Human Rights Protection Bill in Japan: Discussions straying off course
Despite the application of ex posto facto law, it is worth recalling that human rights protection is clearly identified as an essential focus of the later ad hoc tribunals.
This orchestrated framework for human rights protection in Ireland offers a unique model for implementing international human rights obligations in an advanced democracy.
Institution-Building and Human Rights Protection in Kosovo in the Light of UNMIK Legislation
It concludes that if effective human rights protection shall be the outcome of structures dedicated to human rights, these structures have to be constructed to offer real remedies, proper judicial procedures and legal clarity.