Font Size: a A A

The Research Of Protection System Of The Criminal Suspect In The Procedure Of Detection

Posted on:2008-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:X X SuFull Text:PDF
GTID:2166360245490648Subject:Litigation
Abstract/Summary:PDF Full Text Request
The protection of human rights is the soul of criminal litigations,the establish of the litigate aims,the assignments of the functions of the litigants,the foundation of the litigate formations,which are restricted and influenced by the philosophy of the protection of human rights.Our country has signed many international conventions,such as:《Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment》,《International Covenant on Civil and Political Rights》,and passed the amendment to constitution on 14th March 2004 that is the second session of 10th National People Congress,added the stipulation that "our country respects and prefect human rights to 33th,which represented our regard to the prefect of human rights.The procedure of detection as the separate stage of criminal litigations is the crucial stage of human rights.Just on the basis of this cause,many countries and international organizations strengthened the supervision and the control of the detection by legislation and reaching an international conventions,which is in order to keep the balance between the control crimes and prefect human rights.When our country amended the criminal procedural law in 1996,strengthened the suspects' rights to a certain degree,for example, strengthened the supervision and constraint of detections to prosecute institutes, abolished admission investigation,ahead of the time when the lawyers take a hand in the lawsuit.Besides,the discussion about the suspects' rights be held in criminal detection in academic circles since late years,and offered diverse advice and measures on how to prefect suspects' rights,although,it's not difficult to find in the practice that there are many deficiencies and appearances that some badly violated suspects' rights in the procedure of the detection.We payed much attention to the protection of human rights and legislated some related rules,but it's still defective,and there are a lot of different understandings about the suspects' rights.So this article make an analysis from the connotation of the protection of suspects and the constitutions and standard of protection system in the procedure of the detection,the second,analyzed the deficiencies of the related rules,finally,counseled the measures and suggestions on the perfection of the suspects' rights in the procedure of the detection of the criminal litigation.
Keywords/Search Tags:criminal litigation, the protection of human rights, detection, criminal suspect
PDF Full Text Request
Related items