Perspective On The Constitutional Protection Of Human Rights Of Criminal Suspects

Human rights are human rights should be enjoyed, is human nature to lie, not subject to arbitrary deprivation. However, awareness of human rights issues through a long historical process. Today, human rights around the world are unprecedented attention and respect. Criminal suspects human rights protection is one important aspect. This paper selects the constitutional perspective, individual rights and state power from the relationship between the angle of the suspects and the concept of human rights protection system. The first part should be and the Real from the two aspects of the human rights of criminal suspects was legal analysis.Criminal suspects of their basic rights, including Ideal and Reality of two states. The former refers to the human rights of criminal suspects should be ideally be fully respected, recognized and protected status; the latter refers to the human rights of criminal suspects in reality actually be respected, recognized and protected status. However, the analysis of the corresponding answer to why the focus on respect, recognition and protection of criminal suspects and human rights, on the Real analytical focus on the suspect to answer how respect for human rights, recognition and security issues, the two are choice and value realize the value of the relationship. The second part of the country to protect the human rights of criminal suspectsMechanisms were compared. Systematic human rights are human rights objective of the study. In the constitutional system, the criminal suspect the main carrier of human rights protection system, the Constitution and the Criminal Procedure Law of the two departments, including:first, to identify and protect the human rights of criminal suspects the right to the core system. Second, the right to regulate and control the criminal investigation system as the core of power. This chapter in international human rights standards as an example, set the right system; to two legal provisions of national law, for example, analyzed the right system. The third part, on the protection of human rights in China suspect the problems and causes were analyzed. From the phenomenon of speaking, China There is freedom against criminal suspects the right to procedural rights and other legal rights and interests. The reasons leading to these problems:first, the criminal suspect does not fully recognized rights of action affecting the status of its subject, mainly presumption of innocence, right to silence, the right to obtain relief and access to a lawyer the right to legal provisions such as inadequate; Second, the right to control the investigation does not result in detection power expansion in place, the main structure is unreasonable investigation, detection of the main principles of the rule of law against the power of investigation and the prosecution of the investigation and supervision is limited. Partâ…£Points, on the stage of our investigation to protect the human rights of criminal suspects System concept to explain. First, improve the protection of the rights of criminal suspects, including the constitutional right of presumption of innocence, the right information to confirm it knows of cases, a clear right to silence and right to improve access to a lawyer. Second, strengthen the reasonable control of the investigation right. The first detection of the constitutional structure, improving detection of the external power control, including acts of perfect detection of the Legislation to strengthen the supervision and construction of the investigation's Procuratorate Court acts on illegal pre-trial investigation of judicial relief system. Second, investigation activities, rule of law, strengthening the investigative power of the internal norms, including enhancedInvestigative agencies and investigators to the rule of law, strictly follow the criminal case handling procedures and to strengthen internal control and public security organs of law enforcement supervision. In summary, this human rights protection around the issue of criminal suspects, from the recognition of its value and achieve the conditions to start, enjoying the country view the basis of their own, based on our current constitutional system, the perfect criminal suspects in China to human rights protection system concept.