Font Size: a A A

The Research Of The Criminal Suspects' Rights And Interests Protection

Posted on:2011-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2166360308453804Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The protection of human rights is a very important symbol of a country's juridification and democratization. The protection of the criminal suspects'rights and interests should be given primary importance among priorities. Comparing with developed legal states in the world, there're still some inadequate aspects and gaps in the rule of law in protecting the human rights and interests of criminal suspects, which is easily ignored. The maturity of the protection is now a very important standard to evaluate whether a country's legal institutions of criminal proceeding is civilized and advanced or not.In our country, as the longtime pursuit of crime control, the rules of the law for protecting the criminal suspects'rights and interests are far behind the development of the world level. Our law doesn't pay enough attention to the protection. Aggressions upon the rights and interests of criminal suspects are very common and remain incessant after repeated prohibition. These acts, suchc as inquisitions by torture, detentions beyond the legally prescribed time limits, defectives of the legal right to aid and abuses of compulsory power, lead to great difficulties for the protection of the criminal suspects'rights and interests in our country.At first, the author discusses the definition of the concept of the rights and interests of criminal suspects and makes clear a number of basic problems related to them, such as the characterristics and types of the rights and interests of criminal suspects and the importance of the protection. In the second chapter, the author tries to observe, study and compare the related institutions of the rules of the typical countries which belong to the two legal systems and use them for reference. The author also observes, studies and analyses the current situation of the protection of criminal suspects'rights and interests in our country. On the basis of national conditions and learning from the foreign countries'advanced experience, the paper gives us some specific advices for maturity which aims at the problems exist in our country's protection system of criminal suspects'rights and interests, including establishing the right of silence, improving the right to counsel, carrying out doctrine of the persumption of innocence, enacting exclusion rule of illegal evidence and making the judicial system perfect. The author hopes that this paper would be of benefit to the perfection of our country's protection system for the criminal suspects'rights and benefits.
Keywords/Search Tags:Criminal proceeding, Investigation stage, The criminal suspects'rights and interests
PDF Full Text Request
Related items