On Protection Of Rights Of The Defendant

Protecting of rights of the defendant is a constitutional issue. Not only is protection of human rights part of the country's human rights protection, but also it is the most important one. In this way, the Criminal Law is one for human right protection. Practice of judicial office's protecting rights of the defendant is important for a country ruled by law, especially in our country. This text tries to inquire into the protection of the rights of the defendant, dividing into there sections.The first Section, Concept of the Protection of Rights of the Defendant and It's BasisCriminal suspect and the accused as body of judicial procedure, their rights are all protected by law in the world. Our Constitution orientates personal rights, property rights and democratic rights as the fundamental rights of citizen. In this text, the writer orientated personal rights, property rights and litigious rights as the most important and fundamental ones of the defendant.There is theoretic basses for rights protection of the defendant. 1. Constitutional basis, as protection of rights of the defendant by criminal law indicates constitutionalism in one country. 2. It's the duty of the country, as the country and the society should undertake duty for crime offenders. 3. Function of the Criminal Law and aim of Code of criminal procedure determines this. The second Section, Contents of Protection of Rights of the DefendantPersonal rights, property rights, and litigious rights make up the main of content of rights of the defendant. Personal right is most important as that, it fills the need of carrying out the international convention on human rights, of upholding the authority of the Constitution, of accomplishing the task of Code of Criminal Procedure, etc.The third Section, Institution Building of Protection of Rights of the DefendantProsecution of rights of the defendant is provided both in international law and laws of overseas countries. Respecting human right has been an important international principle of law, as there are international convention and statute article providing human rights protection including rights of the defendant. In the common law system, they cherish personal safety in law and their interest of avoiding intervention from the government. They take it as important both of the innocent protection and the crime punishing. But in the civil law system, protecting of rights of the defendant is second to stretching power of the detecting office, the accusing office and the judging office.There are still questions in our country, as the principle of nullumc rimen has been established but carried out badly, so as infringing personal rights, property rights and litigious rights of the defendant. So we should perfect the protecting system in our country. Firstly, judicial officials should set up idealistically conception of human right and of modern administration of justice, including human rights protection, principle of mullumc rimen, etc. Secondly, we should set up a systematic procedure to carry out the principle of nullumc rimen, to forming complete set for the principle of constructive innocent, etc.