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A Study On The Present Situation And Perfection Of Criminal Suspects' Human Rights Protection

Posted on:2006-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:X WangFull Text:PDF
GTID:2166360155962650Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The criminal suspect enjoys human rights in accordance with the law, which should be respected and protected. Protecting the criminal suspects' human rights serves the purpose pursuing and accuse in balancing in power in order to realize entity's just demand, to prevent the investigating organ's power abuses, it is also the proper basic demand of normalistion of criminal procedure. The present criminal procedure law of our country, which was revised in 1996, made very great progress in strengthening the suspect's human rights protection.This is an existing problem that is troubling, influence the problem of China's criminal suit human rights, such as absorbing the basic spirit of the current principle of presumption of innocence of international community, having confirmed the crime of doubting from the rule that does not have, lawyerys' getting involved time of the lawsuit advance, improving relevant regulations of the complete compulsory measure. But compared with the international criminal judicial standard , combining our country and investigating practice criminally, there still exists lots of problems in our country' the crimanal suspect's human rights protecten during investigating period, such as extorting a confession by torture, abusing the compulsory measure , extending detention period , limiting greatly inview time, abusing investigate measures. The insufficient protection of criminal suspects' human rights lies in legal system, idealogy , professionalism of investigators. To strengthen the protection of suspect's human rights, should requires the relevant regulations of the criminal procedure law of our country such as silence right , evidence rule , lawyer's system of advocacy , legal supervisory system , and strengthening investigators' concept of the rule of law and human rights consciousness, There is also a need to improve to want, improve investigators' ability of handling a case; strengthening the propaganda strength that suspect's human rights protect finally , make human rights protect the idea and is rooted in the hearts of the people.
Keywords/Search Tags:Criminal suspects, Human right, Extorting a confession by torture, Extended detention
PDF Full Text Request
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