论反恐中的人权保障

恐怖主义犯罪是一种极端的犯罪形式,各国政府对于恐怖主义犯罪普遍采取一系列特殊的措施,如运用监听监控等特殊的侦查手段,软化司法审查程序,延长羁押期限等,这些措施往往克减权利或者限制权利,与人权保障相冲突。因此,应统一反恐中的人权保障标准,严格遵循反恐特殊措施的适用原则,建立相应的赔偿救济手段,最低限度地克减权利或限制权利,保障人权。

On Counter-Terrorism Measures and Human Rights

Terrorism is an extreme form of crime.To fight against this secret adversary,Governments all over the world have taken a series of unusual measures at large.Most of them broke through the routines and restricted human rights involving the balance between security and liberty to some extent.Undoubtedly we also need pay attention to human rights protecting in the course of preventing and striking the terrorism.Only accorded with the international pacts some rights are admitted to be restricted.In this paper,some references are put forward on the base of researches on some foreign anti-terrorism measures and the challenge to human rights protecting.