西南石油大学学报(社会科学版) ›› 2016, Vol. 18 ›› Issue (5): 62-70.DOI: 10.11885/j.issn.1674-5094.2016.06.30.02

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New Development on Rights to Liberty and Security of Person--An Interpretation of General Comment No. 35 by UN Human Rights Committee

Wang Yukun, Liu Caozhen   

  1. School of Criminal Justice, China University of Political Science and Law, Beijing, 100088, China
  • Received:2016-06-30 Online:2016-09-01 Published:2016-09-01

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

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