The Suspect, The Protection Of The Rights Of The Accused To Think,

From the angle of legal theory ,to protect the rights of criminal suspects and the defendants is a natural extension of human right theory and constitutional practices , an inevitable tendency of and immanent requirements for modern criminal procedure system.Since the end of world war II, because a series of documents such as International Human Right Protection Convention and United Nations standards and norms in criminal justice come forth, the tendency in the protection of the rights of criminal suspects and the defendants has been developed in an appearance of actualization ,prolongation and generalization. The protection of the rights of criminal suspects and the defendants is realized by enacting due process of criminal proceedings internationally. The ability of criminal suspects and the defendants to antagonize state power can be enhanced by enacting limitations of state power to avoid abuse peremptoriness of judicial power on one hand ,and by endowing and safeguarding the procedural litigious rights of criminal suspects and the defendants on the otherhand.In recent years ,we have made great progress in protecting the rights of criminal suspects and the defendants during criminal proceedings, but there is still a big difference according to the international general standard .For the insufficient implementing of doctrine of the presumption of innocence and lack of stipulation of right to muteness, the right of defence of criminal suspects and the defendants is congenially deficient. At the same time , many problems in the stage of investigation ,the state of trial and the defence of lawyers make the realization of the rights of criminal suspects and the defendants insufficient, which are even aggrieved by state power.To strengthen the protection of the rights of criminal suspects and the defendants, we should establish and perfect five systems on the basis of sticking to proper guidingprinciples implementing the doctrine of the presumption of innocence and stipulating the right to muteness .The first is to perfect the system of pending detain ,carry out the principle of necessity of detain and exceptional application , implement the separation of investigation and detain ,shorten the period of detain ,improve the status of the detainees. The second is to establish the system of judicial review, define the subject to review, expand the scope to review, reform the mode to review and enhance the restriction of reviewing .The third is to strengthen the system of criminal defence ,practically safeguard the various litigious rights of defence lawyers. The fourth is to normalize the system of criminal evidence ,implement the practice of displaying evidence before court, perfect various mechanisms of ensuring the witness to appear in court. The last is to establish the system of non bis in idem ,reform the procedure for trial supervision .In addition to above all, we should put forth our efforts to foster the legal environment for the protection of the rights of criminal suspects and the defendants.