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Procedure Of Investigation Protection Of The Rights Of Criminal Suspects

Posted on:2012-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LiuFull Text:PDF
GTID:2166330332995182Subject:Litigation
Abstract/Summary:PDF Full Text Request
From the reality, we must be admitted that any level of society or any particular point in time, the law can do is limited, especially in cases of suspected criminal prosecution is being on file for investigation and prosecution in the form of protecting the rights of the parties Problem.The direct purpose of criminal proceedings to punish crimes and safeguard human rights, achieve justice, with the ultimate aim is to maintain the rule of a certain class society, and in order to achieve the ultimate goal, the purpose is to direct a necessary stage. In the two purposes, the punishment of crime is a means of protection of human rights is the goal, indicating that the concept of human rights in modern society, the inevitable demand of the international system of criminal procedure on the development trend of development. Investigation stage is the form of program education, arrested the suspect, the collection of relevant evidence is the main task of this stage, is directly related to the success of prosecution and criminal trial can proceed smoothly. At the same time throughout the criminal proceedings, in the status of the defendants procedural rights of criminal suspects and personal safety of vulnerable countries, the profits of organized violations Part of gathering evidence in the criminal investigation stage, to take part also questioned aspects of coercive measures, there is a non-institutional use of non-standard technical detection measures; the principle of compulsory measures to detention, release on bail as the exception; investigation period of arbitrary detention, "in disguise Custody "," extended detention "is serious; criminal suspects deprived of part of self-defense capabilities; there are investigators in the investigation of criminal suspects in custody phase of repeated torture and other issues. Thus, in the control of crime and protection of human rights has obvious imbalance, the rights of criminal suspects not only concerns the protection of judicial fairness and efficiency, also related to the protection of human rights, the level of civilization of justice and national image. On the current situation, our country Due process conditions to achieve gradually mature,I believe that criminal proceedings can be combined with the actual situation in China and learn the advanced experience of foreign countries and in line with China's national conditions, based on aspects from ensuring procedural fairness to improve our investigative procedures to improve the human rights of criminal suspects protection mechanism, to give our investigation Procedures necessary to bail the suspect, silence, and some of the rights to counsel. So pay attention to human rights protection, speed up the democratization process in litigation today, combined with the actual situation of the criminal proceedings, criminal suspects by giving the necessary procedural rights, the right to restrict power to create a proper balance of rights and powers of the due process of law. Also note the limited nature of procedural due process can not be held that may affect the ability of measures to investigating authorities to the law to complete induction.
Keywords/Search Tags:Human rights, Investigative procedures, Criminal suspects, Protection of human rights
PDF Full Text Request
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