Study On Protection Of Criminal Suspect’s Rights

The case of "Zhao Zuohai" in2010seriously warned the society again that a wrong case influences not only on the victim and his family, but also on the criminal suspect and his family, work, life and health. Thus, we have to think deeply the reason why the invasion of rights of criminal suspects happened frequently as we discuss the issue of economic and social development, living standard improvement and human rights protection.Criminal suspect, firstly, as a natural man and a citizen, he enjoys the same basic rights ruled by constitution like others:personal freedom, personality, free speech rights, respected rights and so on. Meanwhile, as the subject of the criminal procedure law, he also has the rights ruled by the riminal procedure law:rights to employ an attorney, rights to defend, and rights to appeal and so on. No matter which role he is, an ordinary citizen or the subject in criminal procedure law, his rights should be protected by laws. Rights’ protection of criminal suspect is to pursuit the power balance between defendant and prosecutor for entity justice, and it is also the necessary condition for preventing the investigation organ to abuse the its power and the basic requirement of criminal procedural legitimation. Prensently, we have made great progress in criminal suspects rights protection by criminal procedure law in force and have solved some problems which have puzzled China’s criminal judicial reform for a long time and influenced China’s rights protection of criminal suspects. For example, we did absorb the essence of the principle of presumption of innocence which is popular worldwide. We have also confirmed the rule of "no punishment in doubt case", brought lawyer’s time to involve the lawsuit forward, and completed some rules about compulsory measures, etc. Compared with the international criminal judicial standard, lots of problems about rights protection of suspects still exist in investigation practices, such as long-standing torture, illegal use even abuse of compulsory measures, extended custody, limit of meeting and communication, illegal use or abuse investigation measures, etc. The causes for those problems mainly are legal system, traditional ideas, professional qualities of investigators, etc. Therefor, to strengthen the protection of suspects’ rights, what we should do is:to perfect our legal system, such as establishing rules about right to silence, defence of lawyer, legal supervision; to reinforce legal concepts and human rights consciousness; to improve investigation equipments; to enhance professional skills of investigators; to propagandize seriously the human rights protection to let the human rights consciousness deep into people’s mind.Based on the methods of literature research, comparison, inter-net, the writer designed this paper. The paper is divided into6parts. The first part introduces the social background to draw forth the point. From the second to the fifth part, the writer describes related concepts and meaning of suspects and their rights; lists rules of protection of suspects’ rights in the UN and several main western countries; narrates the situation of protection of suspects’ rights in our country and analyses the deficiency in practices and its causes; some advices to protection of suspects’ rights, according to the deficiency in our country and advanced experiences of other countries. The last part is the conclusion. In this part, the writer reclaims the importance of protection of suspects’ rights.This paper aims at warning the judicial organ and the whole society that, in a democratic times, we cannot unilateral emphasize on punishing crimes. To better protect suspects’ rights, we ought to perfect legislation, prohibit the invasion of suspects’ rights in practices. What’s more, all social members shouldn’t wear blinders to watch suspects, because we should only judge one person innocent or not by law, not by individual subjective consciousness. Only if we do like this, our dream to build a socialism country ruled by law and a harmonious, democratic society can be truly achieved.