Investigation Stage Of The Protection Of The Rights Of Criminal Suspects

Suspects in criminal proceedings as the protagonist and the most vulnerable people against the public authority, the protection of their right of action is always the focus of many legal scholars and theoretical study of the hot spots. Protection of the suspect, the defendant's fundamental rights and freedoms, is the national criminal proceedings in the theory of the eternal problems. This paper aims at protecting the rights of criminal suspects criminal justice system and the international rule of law standards and related systems the world's major comparative analysis to identify the gap between them, analysis of the real world protecting the rights of criminal suspects on the underlying weak reasons, and thus how to improve safeguards the rights of criminal suspects to think.This article is divided into four chapters, the first chapter and the rights of criminal suspects the right to set the theoretical basis for criminal suspects Chapter status of legislation protecting the rights of the third chapter for the protection of the rights of criminal suspects and the reasons for the shortcomings, the fourth chapter to improve the protection of the rights of criminal suspects in China.The first chapter of criminal suspects and to define the rights of criminal suspects and the rights of criminal suspects set for the theoretical foundation of the modern theory of due process and the theory of criminal suspects was the subject of proceedings explained.The second chapter of the international criminal justice, the rule of law standards and the world's major countries, all the rights of criminal suspects protection legislation, and the rights of criminal suspects in the protection of legislation, comparative analysis to identify between China and international practice gap.The third chapter on the rights of criminal suspects at this stage the status of poor security, and why there is so many problems in analysis of the causes. In practice there is no guaranteed right to information, right to defense are not implemented, inadequate protection of personal liberty, human dignity, the right to be ignored, lack of effective property rights protection, complaints and appeals, such as the right to be virtual reality set analysis, summarized in reality inadequate protection of the reasons that the reason the level of traditional thinking, the reasons for the level of the judicial system, legislative and judicial level, because the quality of personnel, external supervision and control mechanisms, and many other reasons.Chapter IV for the second and third chapters of the comparative analysis of the complete protection of the rights of criminal suspects to think, proposed to the international human rights protection system, a useful system for screening, transplantation, reference, suitable for China to establish the rights of criminal suspects security system. This chapter proposes to set right to remain silent, perfect Exclusionary Rule, improve legal representation system, establish procedural sanctions regime, the establishment of mechanisms for pre-trial judicial review and improve the system of external supervision and control mechanisms to start, through remodeling investigators, the suspect's own concepts, investigative work and other ways to improve and eventually achieve full and effective protection of the rights of criminal suspects that goal.