Public Security Organs Of The Criminal Investigation Stage Of Criminal Suspects Protection Of Human Rights Issues

In the world, all countries' law - making, law - enforcing, and judicial organs pay much attention to the guarantee of human rights for human rights at the criminal investigating stage. In China, the public security has made great progress in the guarantee system of human rights for suspects, because of the alteration to Criminal Procedure Law in 1996. But all levels of the society seem not satisfied with the current situation. Considering that the author works on law affairs , he concerns himself with the guarantee system of human rights for suspects at the criminal investigating stage. When the author investigated some policemen , having been promising and ambitious, who made suspects deformed, even dead because they misused compulsory measures, or extorted a confession by torture, the author felt pitiful and could not help reflecting on what caused them to break the law without considering orders and disciplines. Judging from various appearances, we can find that the relation between the public security and suspects is the extension and concrete manifestation of the relation between the government and the individual in the criminal procedure. At the stage of investigation, the public security has too much power and lacks proper and efficient supervision and restraint, so it could not keep balance with guaranteeing the primary human rights for suspects. That is the reason why the invading suspects' human rights cannot be forbidden. Regarding to the guarantee of the human rights for suspects at the public security' s investigating stage, it by no means depends on the police' s loyalty or morality. It should be "the power must be restricted by laws, the power must be restricted by another power". Basing on this, the thesis centers on the guarantee of the human rights for suspects at the public security' s investigating stage, runs through the forming and development of the concept of human rights and primary standards of guarantee of the humanrights for suspects at the stage of international criminal investigation. Moreover, according to the research on our country and foreign country' s guarantee patterns of human rights for suspects at the stage of criminal investigation. It tries to explore the weakness of our public security' s guarantee system of human rights for suspects at the stage of criminal investigation and it offers views and proposals , regarding to improving our public security' s guarantee system of human rights for suspects.The thesis consists of three parts. Beginning at the concept' s forming, the first part states that stemming from the victory of bourgeois revolution, the minds of human rights evolutes a kind of principle and even guarantee system. Moreover, it states that as the social development, the guarantee of human rights in the international field was enriched after the Second World War. Individual rights, collective rights, national right make up of the current human rights. On the basis, the international society gradually formed the fundamental guarantee standards of human rights for suspects at the stage of criminal investigation, such as the rights which suspects avoid cruel torture, or non - human treatment or penalty, the rights which suspects are forbidden to be freely or illegally put into prison, the rights which suspects seek for help from lawyers, the rights which suspects achieve judicial benefit. So at the moment, our country has the urge to research the guarantee system of human rights for suspects. Meanwhile, the thesis states the personality, promptness, fairness, the antagonism between publicity and equality of the guarantee of human rights for suspects.The second part makes a contrast research on the guarantee pattern of human rights for suspects between our public security and ancient countries, countries which belong to British and American law system, continental law system, analysis advantages and disadvantages over guarantee of human rights which various guarantee patterns of human rights have from these aspects, such as the powerhouse of laws, the contents of laws, the function of laws, reveals the character of our public security' s guarantee pattern of human rights at the stage of criminal investigation. Then in order to arouse the reader's reasonable thinkingabout our public security' s guarantee system of human rights at the stage of criminal investigation, some important measures which foreign countries enforce the guarantee of human rights for suspects. Especially, the analysis of the difference of standards between our country' s guarantee of human rights and the international one is aimed at improving our public security' s guarantee of human rights for suspects at the stage of criminal investigation.There are two main issues anal sized in the third part. Firstly, it is quite complicated to perfect the public security' s guarantee system of human rights for suspects at the stage of criminal investigation. The research, thinking and improving of our public security' s guarantee system oh human rights for suspects must move forward together. Secondly, associating with the reality, the third part discusses the perfecting of our public security' s guarantee system of human rights for suspects at the stage of criminal investigation. The discussion includes our public security' s changing in the concept of suspects' criminal investigating , the improving of the police' s quality, reinforcing the suspects' procedural rights and the rights of achieving lawyers' help, strengthening the public security' investigation and supervision and enhancing the suspects' ability to protect themselves.Throughout all statements, the thesis points out that the price which society pays in order to guarantee suspects' human rights is the unavoidable loss of the law - ruling society, and it is the price which socialist law - ruling countries must pay in order to guarantee individual freedom. To our country, which is moving towards law - ruling, our public security fully respects and guarantees the human rights for suspects. The legality and modernization of the investigating of the public security will set an example to the founding of the law - ruling society and the setting up of the society' s faith in the law - ruling.