关键词: 《公民权利和政治权利国际公约》, 《第35号一般性意见》, 人身自由, 人身安全, 非法拘禁, 任意拘禁, 司法管制

Abstract: In order to further explain the application of Article 9 of International Convenant of Civil and Political Rights in signatory states, the human rights committee has issued General Comment No. 35. The comment defines the connotation and extension of liberty and security of person; it also clarifies the relationship and boundary of unlawful detention and arbitrary detention, which stresses the necessary procedural guarantee of avoiding unlawful, arbitrary arrest or detention. One highlight of the comment is the emphasis on the protection of vulnerable groups like children and the disabled. As there exist defects in the current pretrial detaining system in China,General Comment No. 35 is of significance in the revolution in China' spretrial detaining system for a clear definition of arrest and detention and a trial-centered system with proper procedure.

Key words: International Convenant of Civil and Political Rights, General Comment No.35, liberty of person, security of person, unlawful detention, arbitrary detention, judicial regulation