Research On Threshold Safeguards About Rights Of Criminal Accused Person

The safeguards of human rights, is called the soul of modern criminal prosecution. Threshold safeguards about rights of criminal accused person, as the lowest standard of government by law, generally is accepting day by day for the international society. But in the counter-view domestic legislation stipulation and the protection of rights of accused person in criminal prosecution in present situation, which not yet achieved the lowest request of procedure safeguards established by the ICCPR. The existing theory of the stronger legal color is also rarely seen connected to Aticle 14 of the ICCPR. Therefore, based on the proof of legal principle theory of law, this thesis, firstly, fully elaborated the right rationale about threshold safeguards in criminal judicature , lies in its source to the right procedure, and also agrees with the modern society's procedural and main-body characteristic. Secondly, by the means of comparative study ,the auther carries on the inspection to the lowest rights of accused person established by Article 14 of the ICCPR and our country situation at present, and emphatically probes the Presumption of Innocence and Privilege against Self-incrimination. In this foundation, he elaborates the significance of threshold safeguards established in our country presently, the receptivity , and the solution to its difficultly. Finally, by the view of rights safeguards ,he describes the basic idea to realize threshold safeguards which should cultivate, and makes the preliminary conception in the system design based on the constitution of the Presumption of Innocence and the regularization of Right to Silence.