Research On The Protection Of Defendant's Human Rights In The Criminal Procedure

"Human rights has become the theme of present time". Protecting the human rights is the central idea of the criminal procedural reform in all of the world. How to protect the human rights of criminal defendant becomes the core problem of the human rights'protection.As far as I am concerned,the research of the problem should stem in China's actual conditions,based on recognizing the standard of our human rights'protection,and study the experences of other countries.This article tries to search for the value choices in the protection of defendant's human right in China by the way of Unity of opposites of contradiction,to objectively evaluate the level of our protection in defendant's human right,by contrast China and other countries theorically and practically.It tries to find the problems in our present system on defendant's protection, therefore show a better way on it. Maybe this can improve the legislation, justice and administration of our defendant's protection system. Recognizing the status of our protection on defendant's human rights is the basement of improving it. Now I will show my opinions in three ways.Firstly, the improvement of defendant's protection after new Criminal Procedural Law. New Criminal Procedural Law absorbs the advantages of other countries,which shows our criminal procedural law has reached a high level.This article lists the main improvements in the defendant's protection, such as structure the name of suspects,cancel "exempt from prosecuting the system", establish the system of presumption of innocence and so on. All of above methods can protect the right of defendant more than ever. Secondly, the basic evaluation on our practice in the defendant's protection. Though the new criminal procedural law has improved the protection on defendant's human rights, affected by many factors, the juridical actions still exist many defects, which appears as inefficiency in punish the criminals and cannot protect the rights of the public and the defendant. It pay more attention to the results than procedure. Depending on China's actual conditions, it comes to the conclusion that there really exist some vital defects in our new Criminal Procedural Law. Thirdly, disparity of our protecting standard to International rules. In this part, firstly it will classify the International rules standards of human rights protection. Secondly, it will show the disparity of our protecting standard to International rules standard. And the limitation of the right to defendant; the defendant doesn't have the silence right; limitation of defendant right to detain by force, haven't establish the "non bis in idem". etc. To find a problem is to settle it. Based on the above view, it put forward some thinkings of perfecting our defendant's protection system.Firstly, set up the system of silence right with Chinese characteristics.By analying of the system of silence, including its beginning and changing, and the attitude of our academic circle, the article gives its viewpoint. We should establishour system of silence: to give a exact legal expression of the silence right; to limit the silence right refer to westen countries; to establish some exclusive rules. For instants,the man under 18 should use "show"silence right; administrative man don't have the right to state; the terrorists'crime don't have the right to state, and the unit commits crime don't have the right to state, either; to set up some coherent rules. Secondly, exclusive of illegal evidences. The exclusive of illegal evidences is a very important part of defendant's protection.The article introduces the context of illegal evidences, the value confliction it faces, etc, which help to establish our system of exclusive of illegal evidences. Thirdly, the rules of criminal enorcement. Criminal enorcement is neatly related to defendant's protection. This article try to find the defects of criminal enorcement, by contrasting different reforming ways, and to select the best one to our criminal enorcement system. Fourthly, the improvement of criminal defence. The criminal defence's good or bad is the symbol of democratization and scientification of criminal procedure. This article based on the status of our condition, points out the defects of criminal defence and the reason of the problem. Maybe this can speed up the procedure of building our criminal procedural law.Fifthly, establish "Non bis in idem"principle. "Non bis in idem"principle is accepted as the main principle of recent criminal procedure.For some traditional reasons, it hasn't been established in our criminal procedure. The article talks about the present status of "Non bis in idem"principle and itsreason, and the possibility of it theoritically. The rule of law in China appears as the democracy and human right. As the development of Socialist market economy, in the near future, there is surely to build a completed procedural protection of the defendants'human rights.