The Constitution Under The Perspective Of Investigation Procedure Criminal Suspects Rights Protection Research

The criminal suspect as a natural existing individual, in addition has the most basic survival and life of substantive rights, but also the same with the provisions of the law on litigation rights (for example from illegal search and seizure of rights, right, the rights of the assistance of lawyers) and was protected by law of right (for example to judicial relief rights). The criminal suspect will not because of the organs of the state are receiving the prosecution of investigation and loss as a something of the most fundamental rights, also can’t because this was stripped of the qualification as a country citizens and lose the protection of the law. In individual rights increasingly awakening of today, human rights experienced renewal after, human rights in the world by the unprecedented attention within, the constitution about national power and civil rights and the problem of the relationship between the constitution guaranteeing human rights in criminal lawsuit especially the idea of the most outstanding performance investigation phase and fully, because of this, in the investigation phase of the criminal suspect right safeguard level the most to measure a country the progress of human rights and the rule of law degree level.In this paper, the constitution [human history since the first a constitutional documents the freedom of the charter "has been reduced, the world of the original intent of the constitution formulated in order to safeguard the rule of the authorities in position to appeal to people or compromises, reflects such a trend, the power of the state authority and scope of the continuous reduction, civil rights to exercise the scope and relief way extend ceaselessly, the constitutional government is literal meaning is the constitution of the political terms, a practice of constitutional country, is to achieve a truly national power effective control and civil rights (whether is suffering from criminal prosecution of state organs) effective security country, in the hand, whether using" constitution "or" constitutional government "do not affect the reader to the author of the intention that and understanding. So, in the paper, the author tend to put the" constitution "and" constitutional government "combinations not do substantial distinction] Perspective, and, in the context of the special investigation procedure under national power and analyzes the problem of the relationship between the relationship between individual rights, of investigation procedure in order to criminal suspects rights of find an effective and feasible mechanism.The first part of the constitution by the basic structure and the value concept of criminal procedure analysis, launched a human rights and power control clues, and the constitution of the criminal procedure law and compared, and shows that the constitution and guarantee human rights in criminal procedure law has a common purpose, specific to the investigation procedure is in the criminal suspect right protection.The second part, in the system of constitutional government, under the protection of the rights of the criminal suspect theory basis of learning, and generally include the following aspects:civil rights in the most easily in the investigation procedure are infringed, investigation procedure in civil rights may cause the most severe violations, suspect to the protection of the rights of all citizens is essentially the protection, of a criminal suspect the power can be effectively abuse of power.The third part, mainly examines the international criminal judicial criteria in criminal suspects rights protection function, and then the relevant national law about the criminal suspect to the rights of the constitution to protect review, in order to find available resources.The fourth part, mainly discusses our country criminal suspects rights protection obstacles, mainly including:entity detection of judicial philosophy of true, and the influence of the socialist program tools, relief mechanism lack and crimes the mechanism of rewards and punishments restriction.The last part, the suspect to the protection of the right path, mainly around the criminal suspect right system consummation indictment and control system is established to discuss. The criminal suspect rights guarantee system mainly include:the power of the presumption of innocence, a lawyer’s right, don’t be forced to incriminate himself rights and grant suspects to "right"; The indictment power control system is mainly include:to the power restriction as the leading judicial review mechanism and a remedy for the leading procedural referee mechanism.In conclusion, this paper focus on the rights of the criminal suspect investigation phase security problems, the constitution theory on the basis of analysis of the investigation of foreign experience, in their own home foundation, according to China’s current constitutional system of our country’s criminal suspects rights of path to imagine.