The Protection Of The Suspect's Right

The suspect's right refers to all the rights provided by law, which the suspect enjoys in criminal procedure. It is the fundamental meaning of justice to protect the suspect's right in a country, it reflects the degree of civilization of rule of law.Besides ,the criminal investigation of the investigative organ as a compulsory organ affects every person in society.if it is carried on by law strictly, if the power of the investigative organization is controlled rigidly and the relative law principles including principle of legal prescription, principle of proportionality and principle of judicial review are observed in the investigational procedure thoroughly, if the suspect's right can be protected mostly and if the suspect has the law ways to defend the illegal invasion and inhumane treating because a government usually treats its citizens in the way that it does by the suspect. In other words, the relation between the investigative organization and the suspect in criminal procedure, in fact, embodies the relation between the government and the individual in law and in reality. We should regulate the power of investigation sternly to protect the suspect's right and ensure that it is carried on rightly by the law . Concerning with the protecting of the suspect's right, we can't believe in the kindness and morals of the investigation officials.To protect the suspect's right is necessary and is one of the investigation and law goals. Concerning with the law values, the freedom is the ultimate value of the highest level in legal system including the value system of criminal investigation and order is good to protect freedom. So the goal of value of the investigation procedure is to guarantee freedom and order that people need in accordance with the law. The purpose of investigational procedure is to control crimes and protect human rights. But, during the course of investigation, the possibility that judicature infringes the suspect's right is greater, in other words, the difficulty in right protection is greater. This means that the guarantee of the suspect's right during the criminal procedure is a difficult point for the guarantee of human rights in the course of the criminal proceeding, therefore it should become the core the guarantee of human rights during criminal proceeding. Because, during the stage of investigation, criminal suspects are very passive against the mighty power to sue them from the government and have less relative sources compared with the government. Moreover, due to the lack of relative mechanism to defend suspects' human rights, suspects are in more difficult circumstances. It is an important reflection for human rights protection in the criminal procedure to protect the suspects' rights. It is a fundamental meaning of justice. Also, it is one of the primary aims of criminal procedure. It not only influences heavily suspects and their relatives, but also influences the national justice and national judicial efficiency.