On The Criminal Investigation Phase Of Protecting The Rights Of Criminal Suspects

The direct purpose of criminal proceedings is to punish crime and protect human rights, realization of judicial justice, the ultimate aim is to safeguard the rule of a certain class of social order depends on the ultimate goal as a direct goal as well. The two direct purpose of criminal proceedings, the protection of human rights is the goal, to punish crime is a means of protection of human rights at the core of this is the inevitable development of modern concepts of human rights requirements, but also countries in the world of today's criminal system development. The value of basic criminal justice and efficiency, fairness and efficiency of the wings can be described as criminal proceedings, the two non-primary and secondary at all, is the relationship between the unity of opposites, the criminal program is running on the ideal state of society is the most fair and effective good balance. Code of Criminal Procedure as a procedural law, punish crime and to achieve the purpose of protection of human rights and realize the value of justice and efficiency, scientific, and fair procedure of achieving accurate and punishment of crime and protection of human rights premise. In recent years, British, American law and civil law there is the convergence trend, regardless of common law or civil law litigation model, taking into account both the nature of crime control and the dual purpose of protection of human rights, criminal procedural due process has become the criminal proceedings direction of development. Procedural Justice on the investigation stage, the one hand, fully guarantee the investigative agencies to gather evidence, and seized the suspect, identified the need for facts of the case, it also has investigative authority is relatively strict protection of fundamental human rights, in particular criminal suspects the fundamental rights, and to adapt to changing conditions, social development, continue to be adjusted accordingly, to achieve detection of needs and the dynamic balance between protection of human rights. China is a civil law countries, influenced by traditional values and concepts of crime control, combined with the absence of law and system, Gathering evidence in the criminal investigation phase of the link, link and coercive measures taken to interrogation session, there is a search, seizure was not standardized, non-systematic use of technical investigative measures are not standardized; The adoption of coercive measures to the principle of detention, release on bail as an exception to detect arbitrary detention period, a "de facto custody" and "extended detention" phenomenon serious; Criminal suspects were interrogated continuously varying degrees of self-defense was partially deprived of the right of lawyers to provide legal assistance in the investigation stage the role is more limited, despite repeated prohibition issues such as torture, control crime and the relationship between the apparent imbalance in human rights protection.The individual cases of torture in questioning the existence of illegal acts, of course, with the investigators are closely related to the style and quality, but only to the investigators to rely on the moral education and discipline is not a good way to prevent the abuse of investigative powers; To power constraints of power, increase the intensity of the supervision of the prosecution can not solve the fundamental problem, as the supervisor of prosecutors investigating the case in Itself is also facing the problem of how to achieve supervision. Given the necessary procedures of criminal suspects the right to right to restrict the power to build an appropriate balance of rights and powers of the due process of law in order to break the power of interrogation procedures monopoly, so that Interrogation of the right to be rational and controlled. In today's society, criminal activities have become increasingly rampant, the establishment of due process of law binding behavior detection are not intended to prevent and impede the detection of personnel, especially the police in the investigation of crime in the traditional duties and roles, but the correction added disadvantages, both to punish crime and protection of human rights process value targets, making detection of the right to "promising" and "limited" more co-ordination.At present, our country's Interrogation procedures to justify the conditions are ripe, combined with the actual situation of China's Criminal Procedure, I believe that you can learn from advanced foreign experience and adapt to China's national conditions, based on the increase of procedural justice from the perspective of improving China's investigative procedures, improve the human rights of criminal suspects protection mechanism, Criminal suspects to give our country the necessary bail rights, right to remain silent and the right of access to lawyers, but also should pay attention to the limited nature of procedural fairness, not be too rigid and will not have the actual conditions or could seriously affect the investigative authorities on measures to be investigated fully absorbed into the the law to go.