The Procuratorial Power Under Human Rights Protection

Safeguard human rights is the greatest challenges facing the current era of severe challenges. The realization of human rights by law to be identified and protected, human rights laws is the most direct means realization of human rights. The purpose of state power is set to fight crime, guarantee of human rights. Prosecution is a kind of public power, its purpose to set up crimes and protecting human rights with the dualism. From human rights and procuratorial correlations were concerned, guarantee of human rights is the goal, fighting crime is a means. Prosecution is a double-edged sword. Correct exercise procuratorial power, regulate the person and guarantee for the human rights and liberties and the right to life and other rights; But the prosecution is a kind of public power, with the national compulsory masterpiece by backing, illegitimate exercise procuratorial authority, it may violate people's liberty and property rights, right and other rights. Under the traditional system of procuratorial power to fight crime, fade attention human rights protection; Heavy entity, light program; Heavy criminal civil administrative protection supervision, light. Modern prosecutorial power requirements, and human rights guarantee equal entity, procedure. From the perspective of prosecutorial power is human rights protection research papers is rare. Respect and safeguard human rights has been written into the constitution, request guarantee the procuratorial organs' safeguard human rights, in order to avoid the liberty and property right infringer prosecutorial life and other rights, and seek a standard procuratorial correct exercise, suitable for China's national conditions, the construction method is a major country under the rule of proposition. This paper first chapter through the analysis of human rights and human rights protection of human rights, the second chapter research in China, domestic protection system of the content of the prosecutorial power transmission and reflection on the third chapter research, the concept of prosecutorial attribute, status and procuratorial power, the exercise of the relationship and protection of human rights, the fourth chapter research of human rights protection under the content of the prosecutorial vision, the fifth chapter the basics of the boundary and exercise, proposed prosecutorial power security rights, procedures restriction, emphasizes prosecutorial presumption of innocence, to ensure that various levels of procuratorial organs maximum security person and property rights, liberties and the development of life and other rights.