Protection Of Human Rights Of Suspects In The Investigation Procedure

The safeguarding of human rights is the spirit of the modern criminal procedure. The improvement of the safeguarding of human rights is the trend of the criminal procedure development, and it is the requirement of the procedure democracy and legal system. As an independent stage, investigation procedure is the key stage of the safeguarding of the criminal suspect's human rights.Based on the analysis of the value of criminal procedure, the author compares the influence of the safeguarding of the criminal suspect's human rights. According to the different investigation model in the two legal families, the author draws on the popular effective practice and measure of the safeguarding of the criminal suspect's human rights responding the problem pf the safeguarding of the criminal suspect's human rights in the criminal procedure in China.In the introduction, the author introduces the concept of human rights, then gives a brief explanation of the safeguarding of the criminal suspect's human rights in investigation procedure in China.There are four parts besides the introduction.Part one: The analysis of the value of criminal procedure.Part two: The author probes the different situation and the trend of mixing each other of the safeguarding of the criminal suspect's human rights in different investigation model between Continental Law System and Anglo-American Law System, and gets the common ground of investigation model in the two legal family country, that is, the common ground of the safeguarding of the criminal suspect's human rights. Gives the basis that can be learned China for the safeguarding of the criminal suspect's human rights.Part three: The author analyses the current situation and defects of the safeguarding of the criminal suspect's human rights in investigation procedure in China based on constitution and criminal procedure law. In constitution part, some content of the safeguarding of human rights appears historical limitation and lacks the operation though there are some basic principles in the constitution. In criminalprocedure law part, based on the introduction of the prescription of the criminal suspect's safeguarding of the human rights in the law, the analysis the model of China, the author points out the main problems in the safeguarding of criminal suspect's human rights in the investigation procedure in China.Part four: The perfect measure of the safeguarding of the criminal suspect's human rights in investigation procedure in China. In constitution part, the principle of prohibition of getting the statement by torturing and the principle of conjecture for presumption of innocence should be added in constitution. The constitution should be used in criminal procedure and the investigation mechanism of infringing constitution should be founded. In criminal procedure law part, based on the introduction of the prescription of safeguarding of the human rights in the law, analysis the model of China, the author points out the main problems in the safeguarding of criminal suspect's human rights in the investigation procedure in China. Responding the problems, the author gives the measures for them, including mechanism of judicial review; on the investigation and detainment, and enlarging the scope for lawyer's participation ect.