On Questioning In The Investigation Of Criminal Suspects The Protection Of Human Rights

Human rights are universal issues concerned by every country of the world. With the time passing, by the comprehensive explanation of theorists and practical implementation, the theories of human rights that human should have the basic rights of life, health, freedom and property, from dimly to distinctly, from abstractly to specifically, from theoratically to practically, have developed comparatively maturely in the middle of 19th century. The universality of human rights demands every one should have the rights of freedom and equality, in spite of his race, gender, belief and language. The basic principles and contents should be pursued by every country and every person. However people have different understanding and demands about human rights due to different level of economic development, different style of political system and culture.Criminal lawsuit is an important constitutent in the areas of human rights, which have not only the general properties of human rights, but also the particularity of itself. Criminal suit is the struggle between the accused person with the state acting as the accusation party. Because the state has the powful authority, the accused person is under the disadvantageous condition. Therefore, according to the spirit of the so-called democratic constitutionalism of the western, the power of government should be restricted and the right of person should be protected.The basic rights of the suspect in a crime is easily invaded in the investigation period, and the problems in this period are usually focused on the inquiry process. In the inquiry of the criminal suit, extorting a confession by torture has become the persistent aimlment, which has devastated badly the human rights of the suspect.On the basis of analyzing the harm and the existing reason, the article thinks that extorting a confession by torture has historical inevitablity and is the result of many factors in the social development. The first reason is the influence of the measures focused on testimony; the second is the practical conditions of the investigation unions; the third is the potential effects of the wrong behaviors of the investigation unions caused by their opinions about extorted justice; the forth is the imperfect legislation; the fifth is the lack of supervision towards investigation.Criminal control and guarantee of human rights are not abandoned in the judicial activities. The institution reform is not completed in one day and have to be restricted by the value judgement involved in the institution and the practical conditions of the country. The system of protecting human rights, as one of the content of state institution, must adapt to the productivity level. We have to discuss the human rights guarantee of suspect based on the economic development and social culture. In order to balance the criminal control and guarantee of human rights, and safeguard human rights of the suspect, the article brings forward two measures. Firstly the exterior institutionalilzation should be completed, including three aspects: establishing silence rights system and corresponding restrictions; establishing the rules of eliminating the illegal proofs and practising the bounded onus probandi inversion towards extorting a confession by torture; establishing the system of lawyer on the scene, recording and kinscoping in the entire procedure. Secondly various measures should be strengthened in the investigation departments to protecting the human rights of the suspect, including four aspects: innovating investigation opinions and lowering the testimony idea; increasing the input to science and technology and enhancing the ability to getting proofs; adjusting the inquiry strategy and trying various inquiry measures; strengthening the training of investigators and raising the qualities of the staff.