Study On Constitutional Rights Of The Accused And It’s Guarantee In China

In recent years, our country legal process rapid development, humanrights clause in the constitution, awareness of rights to awaken and constantlystrengthened, criminal defendants the constitutional rights of security isperfect or not, is China’s human rights development degree evaluation of animportant part. Our country in the defendant, the constitutional rights securityhas made many efforts, and made some significant achievement, but becausesome ideas lag and defects of designing system makes our defendant forconstitutional rights of some shortcomings exist and hinder the developmentof the cause of human rights in China.This paper can be divided into three parts: the introduction, body, andconclusion. Among them main part, first of all, take the constitution and lawof criminal relationship as the breakthrough point, through to the two relatedknow the defects existing in traditional analysis, and then to the two relatedto the interpretation of the accused person for the constitutional rights of theconcept, the characteristic, the determination of the nature provides thetheory support; Second, for foreign criminal defendants constitutional rightsprotection status are analyzed and summarized, and thought that defendant in the constitutional right to provide reference for the security; Again, to ourcountry criminal defendants to protect the constitutional rights are analyzed,and the defects of the summary, and research lead to the deficiency of thedeep reasons; At last, from the constitution and two aspects of the criminalprocedure law, strengthen the two defendants in protection of the rights ofinteraction, both, make our country criminal defendant, ensuring therealization of the constitutional rights of the true sense of the base.Protection of human rights has become the contemporary criminallitigation system construction of the soul and the core, accused person is nolonger in the object of action status, their right has been more and moreconcerned. In the protection of human rights under the influence of theconcept, the countries all over the world will be as its human rights protectionthe purpose of criminal procedure is an important and will these basic rightup to the constitution height. Safeguard human rights has the time themetoday. Our country should base on the national conditions, and draw lessonsfrom foreign legislation, judicial advanced experience, strengthening our country for the defendant,the constitutional rights of protection.