Human Rights Guarantee Of The Suspect In Investigation Stage

The Code of Criminal Procedure is to punish crime and ensure the Criminal Law implementation. For a long time, the Code of Criminal Procedure as tool are over-emphasized in judicial practice and neglect the suspect's human rights. The protection of human rights and the punishment of crime are not given equality in China's legislation and judiciary. To discover the truth, punish the perpetrators is an important task of criminal suit, but this is by no means that allow people to do anything, do not ask right and wrong, and at all costs approach to discover the truth. Human rights Protection is the basic guidelines, theme and starting point to reform and improve modern criminal procedure. The civilization of modern criminal procedure embodies the recognition and protection of basic human rights, protection of human rights has become an international consensus in the criminal justice field. Criminal Procedure Law of China was revised in 1996 is an important milestone in the history, reflecting China's Criminal Procedure in punishing crimes and human rights protection into account, greatly promoted the purpose of criminal proceedings and the democratization. Revised The "constitution" was revised in 2004 enshrined in Article 33 of "respecting and safeguarding human rights", which fully reflects the Chinese government's "people first" and "human rights protection " concept.Based on the cases analysis and concluding defendant's lack of protection of human rights and related legal issues raised in the judicial practice, and combined with the theory on the protection of human rights the article proposes everyone in the criminal process need to protect the human rights. The author believes that right is the legal expression of interest, only to fully protect the defendant's rights in the proceedings in order to fully reflect the interests of the defendants. However, in judicial practice, under effect of the ranking privilege, presumption of guilt, torture and other non-democratic ideology of the feudal autocratic note, criminal procedure and human rights protection is often overlooked, tool for criminal proceedings to be regarded as criminal law, the prosecution of persons become the object of litigation, criminal protection of human rights by the extremely limited functionality. "The state respects and safeguards human rights" involved in many aspects of social life, and epically close to the criminal proceedings, it tends to affect the prosecution of persons of property, deprivation of personal rights and even their lives. We, judicial officers, should implement the spirit of the Constitution, safeguard the constitutional authority of the high degree of criminal prosecution of persons to understand the importance of protection of human rights, should be fully aware of the defendants are the maintenance of individual rights and freedoms and the purpose of the Criminal Procedure Law complement each other, in punishing crime and protecting human rights, substantive justice and procedural fairness, impartiality and efficiency, and based on China's national conditions and experiences from Abroad to maintain an appropriate balance between strengthening the prosecution of human rights protection.