On The Human Rights Guarantee System Of The Criminal Suspects In Anti-corruption Investigation

The realization of human rights is affected by a variety of factors, among which the biggest threat is the exertion of national public power. Thus, effectively preventing the abuse of national public power becomes an important link to the guarantee of human rights. From the investigation angle of corruption crime, that the state personnel use convenient position to commit the crime is the typical form of the abuse of state power. The procuratorial organs’exercise the power of investigation reflects on the national power of legal supervision to ensure the normal exercise state power. But because the long-term heavy blow, light protection of the legal concept and the influence of the criminal policy of our country, less attention has been paid to the rights and interests ptotection of the criminal suspect and the related laws in our country are behind the development level of the rule of law in the world. As a result, it is common for us to see infringement of the rights and interests of the criminal suspect, extortion of confessions by torture, detention beyond the legally prescribed time limits, the perfectionless of the right of legal aid, abuse compulsory measures and so on bring a series of huge challenges to the criminal suspects’rights and interests protection in our country.The criminal suspects’human rights protection is an important standard to measure a country’s criminal litigation law system civilization and its progress. The value of the criminal procedure is to punish crime and safeguard human rights. How to coordinate the relationship between punishment of duty crime and guarantee human rights of criminal suspect, guarantee the smooth implementation of procuratorial indictment, and protect the lawful rights and interests of the criminal suspects, is the real issue that construction of democracy, the rule of law and human rights safeguard enterprise are facing.The revised Criminal Procedural Law established "the state respects and the guarantee of human rights" principle. People first, respect and safeguard human rights has become the main theme of society, the advocating value of law as well as the operation foundation of the whole legislation, judicature, execution and law-abiding.The author thinks that it is the legal man’s responsibility and the prosecutor’s sacred mission to respect and protect human rights. In contemporary China, we should base on the the combination of legal concept and spitit--the supremacy of law, fair justice, right standard and balance of interests. Taking people first, the rule of law as the foundation, human rights as the kernel, control, restriction, supervision and procuratorial organs and the exercise of power to prevent the abuse of anti-corruption investigation, misuse, improper presumption to maximize guarantee human rights of the criminal suspects. In reality, to carry out the anti-corruption investigation right, we should base our work on the rule of law concept, strengthen the concept of due process, change the lawsuit idea, strengthen the consciousness of rights and concepts of protecting human rights. Only with these scientific and humanistic concepts as guide can we really realize the human rights guarantee of the criminal suspects.From the anti-corruption investigation perspective, this paper systematically discusses the internal connection between the criminal suspects’human rights protection and the procuratorial power.In the first chapter, the author briefly introduces the concept and characteristics of anti-corruption investigation, legal basis of the criminal suspects’human rights and Human rights safeguard limits.The second chapter combines China’s current judicial practice analysis, illustrates the present situation of the criminal suspects’human rights protection and existing problems, then performs a rational operation on the improvement of hunan rights protection for criminal suspects in the procedure of criminal investigation of China according to the revised Criminal Procedural Law.In the third chapter, combined with his own experience, the author has put forward his own ideas on the current anti-corruption investigation concept, detention beyond the legally prescribed time limits, procuratorial supervision, the synchronous recording system and the improvement of the people’s supervisor system.