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刑诉中的强制措施不仅有助于诉讼顺利而有效地运行、及时地追究和惩罚犯罪,而且直接关系到公民人身自由权的维护,鲜明地体现出国家的民主和法治程度。人权保障是大势所趋,以法律为表现形式的某些制度缺陷导致侵害人权现象成为国际社会关注的重点。党的十七大又进一步提出“以人为本,保障人权”。由此可见,为了进一步加强诉讼中的人权保障,体现法治的精神和内涵,我国的刑事强制措施制度理应进行必要的改革和完善。
The compulsory measures in the criminal prosecution not only help the lawsuit run smoothly and effectively, investigate and punish the crime promptly, but also have a direct bearing on the safeguard of the citizens’ right of personal freedom and clearly reflect the national democracy and the rule of law. The guarantee of human rights is the trend of the times. Some flaws in the form of law have led to violations of human rights and become the focus of attention of the international community. At the 17th CPC National Congress, we further proposed that “people-oriented and human rights protection” be adopted. Therefore, in order to further strengthen the protection of human rights in litigation and embody the spirit and content of the rule of law, the system of criminal coercive measures in our country should make the necessary reforms and improvements.