Study On Procuration Investigation Power And Human Rights Guarantee

Our epoch is a nomocracy epoch, a human rights epoch. Our country has built up ideality and faith of"People-oriented"definitely, established the constitutional government items about"state respect and guarantee human rights". People-oriented,respect, guarantee, maintain, realize human rights, ensure the exertion and realization of every citizens'freeness, rights, interests has become the main rhythm of society and epoch, become the soul of legal, become the internal value of legislation, law execution, judicature, law-abiding, law-guard , become the base of operate all public power operation, become the social mission of legal operator.For the citizen rights, state power are the biggest threaten, because the state power has the characters of compulsoriness, universalism and applicability, these determine state power has the maximal encroachment and destructiveness to the rights of citizen. Therefore, to prevent the abuse of state power effectively has become the important measure to protect the human rights.From the point of criminal investigation, the civic servant abuse the state power we call it"Duty Crime", which is the most grave formation of the alienation of state power. This crime is different from the ordinarily, usually these crime case should be investigated by the procuratorial department in the aim to guarantee the investigation and procuration effective, and this is the necessary for protecting the human rights effectively. The procuratorial department investigates the duty crime, exercise procuration investigation power, reflects the supervision to the state power, and has the effect to prevent the alienation of state power and guarantee the correct exertion of state power. At the same time, the conception of lay stress strike, belittle protection is deep-rooted, sometimes, the suspect's legality rights and interests is encroached in the course of exercise procuration investigation power and against duty crime. So how to coordinate the relation between the against duty crime and protect human rights, live up to ensure implement smooth of the procuration investigation power, again protect the suspects'legality rights and interests, is a problem now considered by each legal operator.Exercise procuration investigation power, should change the lawsuit conception, one side is to set up legality conception, strengthen justice procedure conception, the other side should strengthen power consciousness and conception of human rights protection, to realize the balance of procedure justness and substance justness, to keep the unify of against crime and protect human rights.This thesis is separated in five chapters, from the recommendation, analysis of human rights and procuration investigation power, analyses, choice the lawsuit value of the human rights protection in the course of exercise procuration investigation power, approach a subject to the actuality and form reasons for the human rights protection in the course of exercise procuration investigation power, and has a rational consideration about make improve the human rights protection under the lawsuit model in existence. In thoughtless, including human rights paramountcy, procedure paramountcy, restrict and supervise power, coordinate and equilibrium interests, protect the consciousness at the maximum bound. In mechanism, everyone has the right to keep silence for the guilt, including can not force the defendant or suspect make the statement which go against themselves and not force defendant answer the question from prosecutor in the court. We should establish an all-round, comprehensive elimination rule to the illegal evidence, including illegal remark and illegal material object elimination rules. Establish lawyer assistant right to guarantee the right of the suspect communicate with lawyer, be clear about the right that has the lawyer is there when the suspect is accepted inquiry. In systemize, in the investigate inquiry system, should limit the time of inquiry, before inquiry, should inform the suspect about the guilt, and inform the suspect has the right to hire lawyer. In supervision system make improve in legislation control, interior control, power control, social control and technical control aspects. In state compensation, this thesis discusses to make innovation of lawyer culture legal system. In personnel, including improve the personnel diathesis and personnel supervision.