Research On The System For Human Rights Protection Of Criminal Justice In China

Since the 18th national congress of the communist party of China,the study on human rights protection has received extensive attention.The third plenary session of the 18th central committee clearly put forward the institutional reform request of strengthening the "human rights judicial guarantee",which marked that China's judicial human rights guarantee will enter a new historical stage.Judicial human rights protection is the focus of the fully protect human rights,especially the legal rights through judicial reality,emphasis on the rule of law society under the background of the judicial leading meaning to the reality of human rights,to overcome the current judicial human rights security bureau is limited to procedural human rights protection potential shortage,and then make the rule of law of human rights protection mode in the practice of human rights realistic value for the implementation of a complete sense.The concept of human rights,is a multidisciplinary connotation,both in history,politics,society and philosophy of human rights has a description,and the core of human rights is a kind of people should have the rights of the country have also come from the assignment of the rights of citizens.Therefore,this kind of right should not be infringed by public power in terms of its nature.It has a natural boundary,which is an important symbol of modern society.Justice is the last link of human rights protection.However,in the process of criminal justice operation,there is a risk that the judicial system will fail,so that human rights will be infringed and cases of wrongful,false and wrong will occur frequently.Therefore,the promotion of human rights protection in criminal justice is an important component of the current human rights construction and also an important component of the current judicial reform.At present,the main contradiction in the development of human rights is the growing demand of human rights and human rights protection system is not balance the contradiction between the imperfect development,in-depth theoretical research and multi-angle multidisciplinary analysis of the human rights protection is an important premise for the further development of the human rights.The interests of the current human rights is mainly the basic theories of human rights theory and the will of the theory of human rights,but the two theories in terms of core concept,build are lacking,the required human rights theory and the theory of human rights protection in China should be a kind of value system theory,this theory should absorb the will theory and the development of the theory of interests,build a emphasizes the system of legal protection system.The construction of institutional theory must be based on a solid theoretical foundation.Refer to a wide range of human rights protection experience outside,based on the history and practice of judicial reform in our country,attaches great importance to the cognition of public rights and requirements,construction with Chinese characteristics conform to the development of human rights law can meet the demand of the masses of the people's criminal justice system of human rights protection.First in terms of theoretical basis,through literature metrology innovation in the literature review literature quantitative analysis,trying to relative existing on technology breakthrough in the research papers on human rights,first of all,using the method of literature metrology and complex network relations,the association rule data mining methods,such as relevant to the subject matter of the co-occurrence relation,time series relation,complex network relations,such as finishing excavation,tries to objectively reflect the real condition of the judicial protection of human rights.Based on this discovery,our country academic circles the theoretical knowledge of human rights have been gradually from how to define human rights to how to construct the human rights guarantee system development,in this case,the research on literature analysis is helpful to the judicial protection of human rights in our country from spontaneous to conscious to human rights research.In the process of theory development,but also clearly reflects several features:the focus of the main path to the field to start trial independence,strengthen the judicial public,actively participate in the international protection of human rights,on the basis of deepening the trial supervision,at the same time to strengthen the application of the principle of presumption of innocence,eventually to promote the realization of social fairness and justice.Through the convention on human rights outside of comparison study found that the greatest common divisor of human rights theory is the basis of international human rights conventions exist,based on the level of the world human rights development differentiation factors,the logic of the world's biggest human rights protection is a must to guarantee the public trial,on the basis of public trial,safeguard the rights of the criminal suspect or defendant presumption of innocence,moreover must ensure they receive defense and the right of appeal.This logic mainly emphasizes the protection of human rights by guaranteeing the public litigation rights of suspects and defendants.Justice is an important part of the human rights protection,through a comparative study about four times the judicial reform in our country practice experience of the development of human rights protection system and the judicial philosophy,found in the balance between based on rules and facts,the judicial organs in our country is trying to build a dynamic mode of protection,to actively respond to the violation of human rights in criminal system may be.Route choice of China's judicial philosophy of judicial protection of human rights through judicial public is the first condition is also the core condition,emphasize the right safeguard,on the basis of presumption of innocence to strengthen the judicial supervision,achieve fairness and justice,that is,an important achievement of our country since the founding of the judicial practice.The people are the creators of history and the direct service of human rights theory and practice.Through quantitative research tool of cognitive science,for the public's view of human rights,human rights protection are studied,found missing mass human rights exist,especially in criminal justice there is a lack of recognition and protection of human rights.Build correct mass human rights first must adhere to human rights education,human rights is the core of education is to improve the public perception of human rights,human rights for the public awareness of guidance,promote the development of the judicial protection of human rights.According to the current public perception of the judicial protection of human rights,and found that including the judicial justice and judicial independence,judicial public ban torture,presumption of innocence,and the victim rights,etc.,the public has a very intuitive cognition and demand,promoting the construction of judicial human rights protection system must therefore be,allow the public to experience the fairness and justice of human rights secured in the case,can reflect the basic aim of justice for the people.On the basis of above research,utilizing the method of the construction of institutional economics,puts forward two kinds of the construction of human rights protection of criminal justice model,step by step to construct model and parallel propulsion model,two kinds of model has a huge role in promoting social development,through mathematical analysis,found that eventually has more social meaning of human rights is the development mode of parallel propulsion mode,trying to build a human rights protection of sociology and legal significance of the construction of the development pattern,and includes pretrial detention,a lawyer,presumption of innocence and misjudged cases compensation problems vulnerable to abuse of human rights in criminal justice theory policy Suggestions are put forward.