Study On Protection Of The Suspects Rights During The Course Of Investigation

The basic idea of modern criminal justice is that the operation of criminal judicial procedure should be helpful not only for the country to fight crime but also to guarantee human rights. And rights safeguard is soul of modern criminal prosecution. How to protect the criminal suspect's rights and interests during investigation phase has become one of the hot problems that experts, scholars and practical departments extensively concern and need to be reformed. In the whole process of criminal proceedings, the personal safety and litigation rights of the criminal suspect in prosecution are vulnerable to organized violence of a nation. Thus, human rights safeguard in criminal lawsuit naturally become an important problem especially in our country where the legal notions such as'presumption of guilt','focus on the entity, light procedure' are deep seated. In our country the mode of inspection control which is mainly on procuratorial supervision has inherent defects. So it is difficult to protect the criminal suspect's rights. Therefore, we should further expand and safeguard the rights and interests of the criminal suspects in order to maximize the maintenance of litigation fairness and justice.In order to solve the problems mentioned above, this paper does researches in how to protect rights and interests of criminal suspects in investigation. It first introduces and analyzes the significance of criminal litigation theory in modern countries under rule, and then compares the role that the two laws play in protecting the rights and interests of criminal suspects. Then it mentions the current situation and problems of China's investigation. Finally measures are brought forth in order to solve problems and improve the protection of suspects' rights. In this paper, theoretic basis is presented through the analysis of the theory of modern criminal procedure. This paper analyzes the differences between the mainland law and the system of Britain in protecting suspects' rights and interests, and the trend that the two laws use each other as a source of reference and fuse gradually. It concludes that we should borrow ideas from the two laws. And then the paper presents the current situation of rights protection in our country and find out the main problems existing in the prosecution procedure through analysis of the current situation of suspects'rights and the detection mode in China. To solve these problems, we put forward some proposals referencing the measures that are popular and effective abroad. In the process of application, suspects should be given the rights such as asking an attorney present when inquiring, the priority right of suspect, the right for bail and the right to get the judicial relief. In the system, reforms such as strictly prohibited torture, the presumption of innocence, introduction of judicial review mechanism, reinforcement of supervision investigation procedure should be taken in current detection to establish the real status of the criminal suspect.