Criminal Procedure Code Analysis On The Case Of Liu Ping

Criminal proceedings not only to protect the interests of the victims, criminal suspects and defendants should also belong to the interests range to protect. China has gradually become legal on the protection of human rights. The revised Code of Criminal Procedure of 1996 suspects in the crime and protecting the rights of the accused has made significant progress. Even more, "respect and protect human rights" has been written into the Constitution when the Fourth Amendment to the Constitution in 2004. In judicial practice, the phenomenon of offense investigation is frequent, which not only can not guarantee the impartiality of entities, but also against the legitimate interests of suspects, undermines judicial fairness and authority.This article analysis the related investigation process in "Liu Ping Case" in FuNing Procuratorate from the perspective of law, and investigates the use of the balance in combating crime and protection of human rights and analysis and reflects the root causes of the phenomenon of illegal investigation and containment measures based on the principle of balance. This article has three parts:Partâ… :the case and the problem. Introduction on "Liu Ping case" and summary of the dispute:whether the notice behavior of Funing Procuratorate on behalf of the call in judicial practice? Does this call have the force of law? Whether Liu Ping's "residential surveillance" constituted "illegal detention"? Whether state compensation request can be done for this alienation of "residential surveillance"? Did torture acts exist when questioned on liu ping?Partâ…¡:review of the case. According to the relevant provisions of the Criminal Procedure Law, "conversation" can not on behalf of the legal act of call, and an oral summons no legal basis and does not have the force of law; the "residential surveillance", based on the deprivation of liberty, has changed the nature of residential surveillance, which is essentially a disguised form of detention, torture acts can be found from FuNing Procuratorate in "Liu Ping Case" through the collection of information on the case and logical reasoning.Partâ…¢:thinking of this case. The causes of the illegal investigation are not effectively detect and deal with; detect illegal behavior is the real departure from the principle of proportionalit; explain the root causes from the procedural rules, supervision, protection of human rights of criminal suspects.Partâ…£:investigation of legislative measures to curb illegal.Through the improvement of legislation to strengthen the right to reasonable conteol and detection of criminal suspects the rights to protection, balanced against crime and the conflict between protection of human rights and reduce the phenomenon of illegal investigation.