From The Perspective Of Human Rights Protection To Study The Judicial Control Of Criminal Investigation

Human rights protection is gradually universal paid attention to by the international communities, therefore concepts of control the rights of investigation for criminal proceedings are increasingly becoming the academic consensus and judicial practice. Right now, criminal investigation and judicial control is a very popular question in China. Accordingly, this paper discusses these as the following aspects: Firstly, based on a series of theoretical basis, it put its emphasis on necessities and importance of strengthening the judicial control on the protection of human rights. Secondly, based on identified legislative and judicial practice of criminal investigation in the existence of the right to judicial control problems, the judicial practice of China over the investigation; Again, by comparison and analysis of Anglo-American Law and the Civil Rights in the investigation of judicial control mode, I conclude that our country need to learn from foreign experience on the operations and implementations; Finally, the paper put forward to solving the criminal judicial control on the investigation. Some of those recommendations not implemented, the relevant departments have actively formulating relevant laws and regulations to protect the criminal and their practical implementation to the specific practice; although some recommendations have been implemented in practice, but implementation is not specific optimistic, this also should try to be perfect.