The Analysis On Some Questions About The Human Rights Guarantee To The Accused Person

Criminal prosecution by the human rights protection in different countries showing a different situation in China was at this stage of criminal prosecution protection of the rights there are still many issues, from improving legislation on criminal prosecution by the human rights protection of necessity and feasibility.Criminal history of the development of a human rights protection as the guiding ideology of history. Construction of the modern human rights protection is the core and soul of criminal proceedings, is the modern criminal reform and improve the theme. Human rights is the core of rights, the right is in the interests of legal interpretation. Only recourse was fully protect people's rights in criminal proceedings, to fully reflect the interests of the prosecution. Prosecution was the interests of the Criminal priority is building the foundation of human rights protection mechanism. The protection of human rights has become China's reform of the criminal proceedings starting point and goal.In this paper, Liangdafaxi comparison of the major national criminal prosecution was the protection of human rights was introduced as a basis, descriptions and analysis of China's criminal who was recalled the status of the protection of human rights that China's excessive emphasis of the Criminal Code of Criminal Procedure The tool, will be punished as a criminal offence The main objective of a single criminal objective, legislative and judicial punishment of the crime and the protection of human rights does not give equal attention. In order to fully protect the human rights of the criminal was recalled, China's criminal legislation from the following aspects should be improved, that is clear, "the protection of human rights," the legislative purpose of providing "non bis in idem principle" and "not subject to compulsory self-incrimination" Principles.