Analysis Of Criminal Suspect's Subject Position In The Investigation Phase

The criminal suspects has been gradually become the object in the current trend. As the investigation organ disposable supporting role, the main position has been ignored and neglected. The subject position of a criminal suspect is the key and difficult point of this paper. The main body of the suspect is constituted with the suspect element right and the program generates right. The argument of the main body of the suspect is to establish the theoretical basis for improving the presumption of innocence and the defense system to protect the suspect in the investigation of the subjective position, based on the analysis of the reasons for lack of performance.The main body of the suspect is constituted with the suspect element right and the program generates right. Element right is suspect to become the subject of proceedings from a social person, natural person, to enter the initial proceedings, the primitive nature of rights. It is human dignity, and freedom of choice, the main sense of equality and rights and resistance form. Program generates the right to proceed by the element, with the logic and inferring the proceedings commenced, the corresponding stage in the investigation phase of investigation on the formation of procedural rights. It is the presumption of innocence, program participation and the right to choose, equal rights and right to defense against. These four rights are the rights of criminal suspects constitute the main body of the system, the cornerstone of the right to a minimum.The performance of the main body of the lack of rights is generated by the lack of procedural reflected. First, widespread torture, torture is a presumption of guilt "visible form". Its essence is forced to prove himself. The right of the suspect knows the lack of suspects in the interrogation and coercive measures do not provide a complete notification obligation. Lawyer is difficult to meet with the approval and the meeting time and frequency is too restrictive. Counsel investigation and evidence collection is difficult. Legislation does not provide the right to counsel investigation and evidence collection. Rights of criminal suspects, missing the main reason of the main aspects from the analysis of surface, on the one hand is the investigation procedure itself causes structural characteristics. This article from the investigative procedures involved and the lack of judicial expansion of pre-trial detention was used to analyze two aspects; On the other hand is the inherent characteristics of the suspect causes, mainly about the lack of the right to defense, because its lack of investigative powers is too large, the lack of effective limits. Second, there is no established law litigation counsel position.The investigation of suspect subjectivity rights established consists of two theoretical basis as a support. One is the humanistic philosophy. The other is intersubjectivity theory. Humanistic philosophy is the importance of individual rights, individual dignity, personal values. Humanistic philosophy of criminal justice is the right of the main theoretical foundation with in the humanistic concept of the legal meaning that can be deduced in the modern criminal justice program of the main requirements. In the theory of criminal justice ,there are two main requirements of either the criminal jurisdiction of authority, respect and protect the performance of the rights of recovery. The second is the subject of proceedings to give the corresponding right to procedural rights and remedies.Intersubjectivity theory has opened up awareness of the main suspects of the new perspective. Intersubjectivity refers to the person as a main activity in the object-oriented manner with him in those aspects and dimensions. Intersubjectivity between subjects included unite in different ways and mode of association. It is the value of inward and outward form of value, within the main body of the suspect by the value of human dignity and freedom of choice and will, human dignity is to recognize the value of human existence, namely, respect for man as man's natural personality. Freedom of choice and will, subject chosen is the performance of the initiative, and the main choice is to achieve unity between the main concrete ways. The main choice is a conscious choice dynamic value. The value of the main suspects is the extroversion of the sense of the main opposition, rights and the main meaning of equality. That equality should be given its own, but also be taken into account other people's equality, resistance and rights, respect for rights and recognition of each other under the premise of respect and protection of their human dignity and rights. Subjectivity of the rights of criminal suspects protection constantly improve the presumption of innocence and the defense system. Connotations of the presumption of innocence who is prosecution the Criminal Procedure Law has been the subject of the prosecution the burden of proof. The conflict, Presumption of innocence requires the legalization of Criminal Investigation, the statutory pre-trial detention and technology statutory investigative measures. Presumption of innocence in the investigation of the protection mechanism, the introduction of judicial review mechanism improve arrested the wrong, wrong catch the responsibility system, and establish mechanisms for supervision by public opinion.Constantly perfect the criminal suspect zhixiquan system: perfecting the investigation organ first interrogation inform obligation, enhance lawyer, right zhixiquan procedures established blank sanctions mechanism. defense system will help protect the rights of criminal suspects and enhancement of the suspect's defense and resistance, from the development trend of criminal defense, criminal defense. History is the history of expanding rights of the defense. Interrogation established the presence of counsel system, the presence of counsel for the population of criminal suspects for proof of evidence of ability to inhibit acts of torture such as the incidence of assault and battery benefits. To protect the right of lawyers met with no interference, surveillance and monitoring is not to give the lawyer the right to investigate and collect evidence to protect the right to counsel.