Study Of The Protection Of Human Rights Of Suspects In The Investigation Procedure

Human rights protection improvement, the core of modern criminalprocedure, by paying more attention to procedural proposal of human rightsprotection, is the trend of modern criminal procedure and the requirement of thelitigation democracy and legal system as well. The ambition of this article is tocontribute a little to the legalization of criminal procedure in China. In thisarticle, reforms of human rights protection for criminal suspects in the durationof investigation, in another word, the realization of thoughts conversion incriminal procedure and the improvement of human rights protection for criminalsuspects, are proposed on the basis of successful experience of countries run bymodern law system through problems classification, frame of reference contrastand original root analysis.With a simple settlement in the introduction, rights protection, whose corein criminal procedure is criminal suspects and defendants, is presented as theorigin and nature of litigation.And then, the body composed by five parts:Part OneWith improvement of legislation protection, supported by an objectiveanalyze to China's current status of human rights protection for criminalsuspects during investigation, problems such as the identity dissimilation ofcriminal suspects, the complete application of presumption of innocence, theweakening of criminal suspects' defending right, the deficient illegal evidenceexclusion regulation, the limited justice control on compellent punishment rightempowered to investigation and arrest organs still exist.Part TwoWith a comparison of criminal suspects' human rights protection duringinvestigation procedure in Continental Law countries and Anglo-American Lawcountries, along with the trend of interaction, the common ground of these twolegal systems in investigation pattern and criminal suspects' human rightsprotection presents a frame of reference for China's human rights protection forcriminal suspects.Part ThreeThe cause of criminal suspects' human rights protection during China'sinvestigation procedure ideologically and institutionally lies in China's criminaljustice conception profoundly impacted by such recognitions as "regarding power important but rights trivial", "regarding punishment important butprotection trivial", "regarding essential law important but procedural law trivial",etc.. By contrast with accepted international human rights criterion, there stillexists systemic gap, for an example, the formal recognition and the completeestablishment of presumption of innocence.Part FourAs to ideological transformation, the realization of modem transformationof criminal procedure relies on that from state power standard to attainderstandard, from criminal punitive dominated procedure values to human rightsprotection dominated one, from essential law dominated justice to procedurallaw dominated one, and from investigation-centered justice to judge-centeredone.Part FiveAs to system, improved criminal suspects identity system, presumption ofinnocence, right of defense for criminal suspects, illegal evidence exclusionregulation, judicial examination over investigation and other measures shallenhance China's human rights protection for criminal suspects duringinvestigation procedure.