Research On The Protection Of The Constitutional Rights Of The Suspects In China

In recent years, the event of violations of the rights of suspects has been frequent, and how to protect the rights of suspects has become a topic of widespread concern. Compared to other areas of civil rights in criminal proceedings are more vulnerable to be abused, at the beginning of the prosecution process, the facts of the crime have occurred, and the conflicts between the countries with the suspects have occurred. In this process, the interests of the state and between the interests of individual citizens manifested by the suspects presented in sharp opposition to state:investigative authorities in order to prevent suspects escape held, often need to impose certain restrictions on his personal liberty; effective collection of evidence often need to implement the search, seizure and compulsory means of litigation. In this process, the interests of the state and between the interests of individual citizens manifested by the suspects presented in sharp opposition to state:investigative authorities in order to prevent suspects escape held, often need to impose certain restrictions on his personal liberty; effective collection of evidence often need to implement the search, seizure and compulsory means of litigation. Almost all Criminal prosecution activities are built on the basis of restriction or deprivation of citizens’ rights on the. As Klaus Luo Kevin said:"The interests of the state and the individual no insight only available only in criminal proceedings on such a major conflict." Modern criminal proceedings on the idea of trying to build a prosecution and the defense both parties against legal space, but the nature of the individual state prosecution in criminal proceedings is difficult to fundamentally change. To maintain social security, the State must have the right to impose certain restrictions or deprivation of citizens’ rights against infringers investigated for civil liability against offenders Branch to administrative penalties, the imposition of criminal sanctions against the perpetrators, etc. Criminal countries may severely restrict citizenship Li shi Jia most deprived areas in all of these sanctions. In the investigation stage, the suspects face a powerful state machine, due to the unequal power, with China’s neglect and the lack of security system for the protection of the rights of criminal suspects and other reasons; it is inevitable to have in a passive the status of criminal suspects in a more difficult point. In judicial practice, the suspect’s rights, particularly vulnerable to abuse of constitutional rights. Criminal many mandatory meansA constitutional point of view, some superficial thinking through the five parts of the constitutional protection of the rights of criminal suspects. First of all, the concept of the constitutional rights of the suspects made a comb. Then to the domestic rule of law and international human rights protection for the background, to protect the suspect’s constitutional rights to fulfill the needs of the international conventions, international human rights, although a lot of efforts to protect the constitutional rights of criminal suspects, the relevant laws the regulations also make adjustments, but violations of the constitutional rights of suspects in judicial practice, the phenomenon continues to occur, the frequent occurrence of torture, abuse of criminal coercive measures. Secondly, the extraterritorial suspect’s constitutional rights protect the status quo, in-depth analysis of the situation and existing protection of the constitutional rights of suspects. Finally, put forward their own ideas and methods to improve our suspects’ constitutional rights protection. With the status quo of the constitutional rights of criminal suspects in China can be found in the constitutional rights of suspects there are many problems, such as many of the suspect’s rights are not specified in the Constitution and the Code of Criminal Procedure, in the exercise of state organs national rights, it tends to lack of effective restrictions on the rights of citizens to the lack of effective remedies. This paper targeted four-point measures to further improve the safeguards of the constitutional rights of criminal suspects from different angles.