The Study Of The Human Rights Protection Of The Crime Suspect In The Investigation Of Duty Crime

Human rights protection is the soul of the Criminal prosecution nowadays.human rights is the foundermantal value Orientation in the Law enforcement .in the whole process of Criminal prosecution,as the one being investigated, the lawsuit right and personal safety of the Crime suspect are totally exposed to the Infrigement of the organized violence behavior of the states.therefore,their rights protection naturely becomes the key of the human rights protection.nowadays.human rights protection have been given much attention,the democratization of the lawsuit are speed up.thus,the discussion of the rights protection of crime suspect has an important significance in both theory and real in the construction of a reasonable lawsuit structure and better Legal procedure .For a better study of the human rights protection of the crime suspect in the reconnaissance of duty crime.at first,this article gives a shallow elaboration of the general duty crime theory.it elaborates the concept,aim,character and methods of the reconnaissance of duty crime,and the difference between general crime.the key is to elaborates the human rights protection of the crime suspect in the duty crime.To provent the abuses of the power of reconnaissance,we should pay attention to the human rights protection.the basic human rights and other rights of the suspect should be made clear.this article gives a detailed introduction of the duty crime range. It generally elaborates from three points:the personal rights of suspect,the irrelevant rights of personal rights and the rights derivative rights of the personal rights.compared with the human rights protection range of the duty crime,this article points out that something violates the rights of the suspect such as extortion of confession by torture and The ultra time takes into custody sometimes also happen in the law enforcement.this article makes a deep and detailed analysis from three aspects:the law enforcement idea, system flaw and the operation aspect.to solve the problem,it also points out the diligently work of the procuratorial agency.the series of effective action such as making the procedure detailed, synchronized video and audio recording and general supervisor system,Cautious uses of precautionary measure about personal or property,protection of the lawyer's legal work .the working method with more human nature and case self-criticism system and so on.however,to abolish the phenomenon of violance behavoir to suspect,this article writes that the law enforcement idea should be changed. Restraint mechanism in the system is needed to carry out and make the human rights of suspect better.the 1th the Silence power should be given to the suspect.the 2th, strengthen right to counsel,the right of lawyer's existence when the suspect is inquired.the 3th,the evidence system should be better. judicial examination must be strengthened. The rule that illegal evidence should be abolished should be made. Inversion of the responsibility of presenting evidence.the right of requesting evidence preservation.the 4th is the behavior in the synchronized video and audio recording should be made a standard. according to the operation of this system in the duty crime, this article points out several problem and gives some suggestion to improve it.the 5th is about the system of taking into custody, strengthen the protection of freedom of person right. the 6th is to make the general supervisor system better.this can assure the fairness of both the entity and procedure.this article elaborates detailly from three aspects:the choosing procedure, Pattern of supervising and the case security.the 7th is making special invesigation and the searching system.the 8th is detain and freeze property system.the 9th is about the civil rights protection of the suspect.this article makes a shallow elaboration about the human rights protection of suspect in the investigation of duty crime.it may not be worth operating,but for a suggestion.