Examines In The Procedure Right Safeguard Question Before The Suspect

In our country criminal prosecution judicature practice, because instrumentalism legal system view's being in vogue, cracks down on the crime to the criminal prosecution to take seriously, But is specially to protects the suspect right to the protection of human right insufficiently to take seriously, Causes such as She Xianglin, Du Peiwu and so on some quite violent misjudged law case occurrence, As soon as the above case passes through the disclosure, namely initiates us to carry on the resonsideration to the criminal prosecution system, At the same time, the Standing Committee of the National People's Congress also decided that carries on the revision to the Law of Criminal Procedure, and has included five year legislative plan. Will harbor formulates one to the Law of Criminal Procedure resonsideration and to the future to be able to maintain the fair just new Law of Criminal Procedure the expectation, Considers criminal prosecution's system flaw unceasingly, Many misjudged law case's occurrences, actually as early as before the criminal prosecution examined in the procedure such as the detection stage in fact already to cast, Why can our criminal prosecution system actually not be able to prevent the misjudged law case to occur? How can we realize through the legal implementation in the society are fair, are just? This article in the procedure right safeguard takes the breakthrough point by the suspect before examining, Using comparison method, Through to the UK-US legal system and mainland legal system legislative inspection, May see, Keeps in balance the achievement one kind of rule, With"separation of powers"different,"the separation of powers"is one political system, But keeps in balance is one kind of concrete rule, Its core is the authority exercises must receive the restriction, The authority cannot abuse, Each authority (or right) between relations are depend on each other mutually, Mutual restriction, This kind of rule conforms to the government by law principle, Definitely may establish the corresponding rule in the legal procedure, This article unifies the Chinese judicature practice, Before specially the criminal prosecution examines, the procedure present situation, Carries on the comparative analysis, Discussed examined in the procedure before our country, must use for reference reasonably keeps in balance the theory the rule, Constructs the new criminal prosecution system,"National respect which and assurance of human rights"determined by the practical fulfillment constitution dignified pledge, Realizes fairly in the entire society just, thus lays the government by law foundation for the construction harmonious country.