Examining the Place of Detention and Arrest in the Criminal Justice System of the People's Republic of China

Articles in Press

Document Type : Research Paper

Author

Assistant Prof Department of law, Payame Noor University, Tehran, Iran

Abstract

The right to personal liberty is a natural right and is considered a highly important issue in the domain of criminal justice. Article 9 of the ICCPR states: Everyone has the right to liberty of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedures as are established by law. According to the presumption of innocence, safeguarding individual liberty comes to an end when individuals are found guilty of a crime. The right to personal freedom requires that no restrictions be imposed on anyone whose guilt has not been established by a court. On the other hand, access to the accused and the establishment of a fair criminal trial require that such a person face certain limitations on their freedom. Due to the nature of the subject, the present study is applied in terms of purpose and, in terms of data collection, uses a documentary method. Valid laws and sources were studied, and the obtained information was analyzed descriptively and analytically. The findings indicate that the right to personal liberty has been recognized in Article 37 of China’s Constitution. The exercise of this right has also been referred to in China’s CPL and CL. Nevertheless, according to China’s judicial precedent and legal system, there have been cases of illegal and arbitrary detentions causing violations of the right to personal liberty. Cases such as judicial detention, administrative detention, and customs detention are considered arbitrary detentions.

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References

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Comparative Law Review

Articles in Press, Accepted Manuscript
Available Online from 22 December 2025

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