Guarantee Of Human Rights In Criminal Reconnaissance

Nowadays, international human rights cause are developing rapidly, but the situation of violating human rights is still existed. In our country, the events of human rights in criminal reconnaissance being violated is usually seen and reported by the media, and raise the intense reaction of the society. How to guarantee the human rights of suspects in criminal reconnaissance is a worthy question to research deeply.Compared with the international human rights law, although China has also introduced a variety of laws and regulations, departmental rules and regulations, judicial interpretation related to criminal suspects of criminal reconnaissance, and given the criminal suspects the rights of defense, refuse to answer irrelevant questions, ask avoid, the right against illegal detention , right to appeal, the right to hire a lawyer to provide legal assistance and the right to compensation according to law, etc. , but regarding the protection of human rights, it still remains a wide gap with international standards. In judicial practice, it remains the situation of vialating human rights that criminal suspects in criminal reconnaissance do not enjoy the right to remain silent, the investigation organ torture, one-sided collection of evidence, compulsory measures applied improperly, restricted rights to counsel, judicial supervision weak link, etc. These problems reflect the deficiency in the legislative system, improving the legal system, judicial review, judicial supervision, judicial assistance, law enforcement and norms. It can be summarized into two aspects: the lack of legislative theory and judicial practice.The reform and improvement of the legal system is a systematic project, and it not only demands the foundation and conditions to run it, but also need the support of relevant supporting systems. To guarantee the human rights of criminal suspects in criminal reconnaissance, it is needed that to give suspects right to remain silent, regulate the right to obtain relief, improve the judicial review and judicial oversight of law, establish the illegal evidence exclusion rules and strengthen the functions of lawyers in the investigation stage. It is also needed that mutual supervision, and co-ordination among public security organs, procuratorial organs and people's courts, and the criminal investigation organ should be able to regulate the act of investigation from the implementation of "visualization" in questioning process, application of coercive measures, increasing police training, standardizing enforcement, and law enforcement standard consciousness, universal law-enforcement investigators and the implementation of standardized online investigative behavior, etc.