The Problem Research Of The Human Rights Protection Of The Two International Human Right Conventions And Chinese Criminal Laws

Our government signed the International Covenant on Economic ,social and Cultural Rights in 1997,and International Covenant on Civil and Political Rights in 1998.The former was ratified by the Standing Committee of the National People' Congress in 2001 ;the later will be ratified soon. On the background that human right is paid close attention in the world and the protection hereof enhances rapidly, human right protection becomes the focus regarded at home and abroad. China has made effort in the regard, but there are still a lot of defects and confusion. The writer chooses the criminal legislation as thesis and in accordance with two conventions takes detailed legal research on the human right protection in Chinese Criminal Laws. Furthermore, the writer puts forward to some measures to settle and improve these matters thereof, in order to promote the legal construction of human right of China.The paper is composed of four chapters, where the general situation of human right and international laws of human right, the formation and main contents of the two international conventions of human protection and the human protection under the international human right conventions in criminal laws of China are respectively elaborated, emphatically in light of the limitation of dead penalty ,the construction of the right to silence system, the right of persons charged with the criminal suspects to legal defense, and the protection of human rights of victims in criminal proceedings, some of which is stipulated incompletely, some of which is not prescribed, which reflects adversely the human protection of China. It occurs to the writer that the settlement of the matters should be regarded high in the legislation.