Protection And Relief To The Rights Of The Prosecuted

As the human society developed to the 21st century, how to build a harmonious society has become a hot topic. However, a stable and harmonious society must be people-oriented and bases on rule of law. Therefore, procedures, rule of law and human rights become inevitable demand of contemporary social development. Criminal proceedings in criminal procedural law and protection of human rights are the focus of this appeal. Protection of human rights has been accepted as a legal value of the whole world. From the criminal procedural law and judicial practice, we can see that more and more researchers pay more attention to protection of the rights of the prosecuted and the impartiality of the judicial process. Furthermore, coupled with the defects and deficiencies in judicial practice, the scholars pay more and more attention to how to protect the rights of the prosecuted.Human rights issues can not be ignored in the world. Protection of the rights is to protect the person from unwarranted prosecution of any illegal or criminal prosecution, to protect innocent people from criminal prosecution as soon as possible, to ensure the prosecuted a fair treatment and their lawful right be a normal maintenance. In criminal proceedings, the protection to the rights of the prosecuted has been the top priority of the modification of Criminal Procedural Law. While the balance of power is the basic concept of the modern criminal proceedings, protection of rights is an important symbol.China did not have Criminal Procedural Law until 1979. Then the protection of the rights of the prosecuted is regulated in part provisions of the Criminal Procedural Law—the prosecuted had been treated as a "party" in criminal proceedings. However, as the research on protection of the rights of the prosecuted is behind in judicial practice and the lack of effective checks and balances of power, violation of human rights such as extended detention and torture became frequently. Therefore, any measures in criminal proceedings must be strictly limited, and the promotion of criminal proceedings must have legal basis and reasons, to guarantee the rational exercise of power in order to achieve the balance of power.This thesis clearly defines the concept and its dominant position in the protection of the rights. Basing on the theories of the purpose and tasks of the Criminal Procedural Law, protection of human rights, procedural and substantive justice, as well as the principle of statutory crime and penalty, the author discusses the status and problems in protecting the rights of the prosecuted, analyzes in-depth the reasons why the rights of the prosecuted are infringed and recommends how to protect their rights well. On how to relief the prosecuted when they are physically or spiritually injured, or when they are out of money, the author points out ways to improve the protection of the rights of the prosecuted in China.