Study Of Respect And Protection Of Human Rights Of The Criminal Procedure Of Our Country

The Amendment to the Criminal Procedure Law of the People’s Republic of China was passed at the Fifth Session of the Eleventh National People’s Congress on March14,2012. Among the revised version, the number of articles of the Criminal Procedure Law has added up to290from225. The modified contents involve all aspects of principle and specific systems. The greatest improvement is that "respect and protection of human rights" is regulated in the Criminal Procedure Law as a piece of principle as well as basic spirit, leading the general trend of the Criminal Procedure Law’s amendment. It represents that the value of criminal procedure in our county started to change, which is more democracy and monocracy. Respect and protection of human rights is the basic value, core and soul of modern criminal procedure law. Strongly highlighting to protect human rights is the overall trend of legislation in criminal procedure law in the whole world. Respect and protection of human rights is established as basic principle in our country is not only an inevitable trend, but also implementing and fulfilling the constitutional principle, which regulates that our country respects and protects human rights. Therefore, the establishment of the principle of respect and protection of human rights is largely significantly influential.This thesis is divided into four sections. The first section expounds its value of the principle in criminal procedure, which is respect and protection of human rights. The second section analyzes systems representing this principle in the new Criminal Procedure Law. The third section points out defects of related systems. This part involves Section Two and Three selects the concepts that the most strongly highlight to this principle of respect and protection of human rights from all articles in the amendment on the basis of comprehensive research, which mainly contain related stipulations of intensifying the right of defender’s reading and meeting, expanding the application range of legal aid, advancing the time of entrusting defenders in the defense system, the principle stipulating that suspects or the accused should not be forced to admit their crimes and the rule of removing illegal proofs in the evidence system, establishing distinct system of compulsory measures and system of examining the necessity for detention in the compulsory system, the relevant regulations of technical investigation measures, separating investigation with detention in the stage of investigation and establishing the special procedures. This part of the thesis analyzes the content which is mentioned above one by one in purpose to clarify the significance of confirming these rules as well as their effects on respect and protection of human rights. Furthermore, the author hopes to find defects and deficiencies in the relevant system through analysis. In view of deficiencies, the fourth section looks ahead the development of the Criminal Procedure Law in our country in the future and put forward some feasible suggestions on the basis of other countries’experience.