Criminal Investigation Stage Of Criminal Suspects Protection Of Human Rights

With the combination of criminal procedure law theories and judicial practice, and by a large amount of comparative research,on the foundation of the analysis about the current situation of our country's human rights in the stage of criminal investigation, the article argues about how to ensure the suspect's human rights while he is investigated. The whole article includes 3 parts: The system of detention before sentence;Right to silence;Right of getting lawyer's help.Part Ⅰ :the author introduces the rules of detention before sentence.Through the introduction of foreign country legistration and raletive theories , the author analyses the current situation of detention before sentence in our country, and proposes further that we should set up a administration of justice to detention before sentence.Part Ⅱ :the author researches the theme of right to silence. After reviewing the establishment and development of right to silence, and the relevant theories and legistration, the author analyses the feasibility of establishing right to silence in our country. The author points out that though it will cause enormous impact in the field of investigation , we should set up the system of right to silence as sooner as possible, for the thought of ensuring human rights and realising justice. The author also proposes that we should draw lessons from foreign researches in designing the concrete system, and make the essential restrictions to right to silence.Part Ⅲ :the author discusses on the suspect's right of getting lawyer's help. After analyzing the foreign legistration and researching the current situation in our country, the author proposes that we should perfect the suspect's right to meet and communicate with his lawyer, establish the lawyer's right to be on the scene while the suspect is interrogated, expand the lawyer's right of investigation and collecting evidence. The author puts forward the suggestion as to how to ensure the suspect's right of getting lawyer's help.This paper is a systematic conclusion of criminal procedure theories which the authorhas learned during his three-year's study as a graduate and nearly ten- year's judicial practice, on the basis of experiences of a good deal of learned scholars and professors. I try to make an attempt on how to ensure the suspect's human rights in the stage of investigation, and hope this paper will make an advantage for our country's legislation and justice in this field.