The Empirical Study On The Protecion Of Human Rights Of Criminaldefendants

Human right is not a new concept to us. The establishment of human right idea and the protection of human right have become an integral part in the process of rule of law in China. We are now staying in a special position in the history of rule of law, and we have to admit the fact that the rule of law still remains at a low level in our country, while we own an extremely broad view. There exist many countries that have a higher level of rule of law and keep reforming. Our eyes shift between the present age and the history of those countries so frequently that the arguments grow and our steps slow down.Similar difficulties also exist in the protection of human right in the criminal procedure. While the western countries' concern on the restorative justice and human right of the victim keep increasing, voice that denies the protection of human right of the defendant emerges in our country, which believes that the amendment of Criminal Procedure Law 1996 is an unduly radical movement. We must not get confused by the presentation, because the reforming direction of each country is determined by its unique realities. As Professor Guangzhong Chen says, "nowadays all the countries of the world are undergoing or preparing reformation of criminal justice to some extent, for example, Britain,France,Russia and Japan etc. The focus is how to approach the relation between the punishment of crime and protection of human right as well as the relation between the just procedure and the discovery of truth","this is a problem of balance of interest". In fact, in an area where multi-value groups co-exist, the achievement of any value target is a kind of relative satisfaction and absolute satisfaction does not exist. This is not only because the establishment of a value target has a character of subjective relativity from the human, but also because the restriction of certain objective condition from the society leads to the relativity of the achievement of a value target. Apparently the protection of human right of the defendant and the victim needs to balance the interest of different groups. And to deny the interest of a group with the interest of another group needs careful considerations.In consideration of the traditional culture and actual conditions of our country, the protection of human right of the defendant has to be promoted instead of stepping backward, which is an impassable stage for the development of rule of law in our country. This article will show the urgency and importance on the protection of human right of the defendant in an intuitive way through empirical study, and present suggestions to further advance the protection of human right of the defendant. The article consists of four sections.The first section introduces briefly several fundamental issues in the protection of human right of the defendant. The defendant's human right is one of the achievements in the development of human right theory. The article first briefly reviews the history of the development of human right; describes and analyzes the relations between human right and the judicial protection Judicial Protection of Human Right of human right, the relations between the judicial protection of human right and judicial protection of the defendant's human right; and the relations between China's Criminal Law and the Protection of defendant's human right, recognizes the achievements in the protection of the defendant's human right in our country.The second section is an empirical study on the protection of the defendant's human right in S province. It is found through research that since the implement of new lawyers law, the right of Lawyers' Meeting With Clients for the defendant has not been improved obviously; the designated defense is a mere formality in most cases; the defendant's right of due time trial is restrained due to dodging of trial time and slow transferring of case etc.; the internal report and instruction requesting system lacks of standards which affects the defendant's litigation right, though the right to a fair trial can be guaranteed overall; the condemned criminal's right to meeting with relatives can not be fully protected.The third section analyzes the root cause of the difficulties in the protection of the defendant's human right, which mainly includes absence of defendant's human right idea; failing to fully reflecting the people-oriented idea and the idea of administration of justice for people; lack of operability on institutional level; the deep-rooted idea of instrumentalism; professional ethics of judicial official still to be improved;lack of supervision effort; unsound supervision system; lack of timely and effective remedies mechanism, Improper "Strike Hard".The fourth section presents measures of strengthening the protection of defendant's human right. It emphasizes on the recognition of the theory in the mind by discussing the nature of the defendant's human right and the implication of establishing the defendant's human right with the establishment of idea of the defendant's human right as a logical starting point. The idea cannot change the reality until it is put into practice. The author suggests to continuously advance the protection of the defendant's human right through improving and correctly applying criminal judicial system; strengthening supervision and restriction system; establishing highly effective national compensation mechanism; enhancing the quality of judges and law enforcement officials; persisting on reformation and innovation of judicial system.and explore the establishment of the field of criminal justice, specialized agencies, human rights protection.