On Protecting Human Rights Of Criminal Suspects In Investigation Stage

Human rights protection is the soul of modern criminal procedure law, and improving the protection of human rights in criminal procedure not only is the development trend of the modern criminal lawsuit, but also the inevitable requirement of carrying forward the lawsuit democracy and improving the legal system. And the investigation stage as the beginning of criminal proceedings is the key stage to the guarantee of human rights. This paper base on the new criminal procedural law which be carried out in2013, and take the specific provisions of the new criminal procedural law for clues, and discusses the criminal suspect’s human rights issues at the investigation stage. Aiming at the traditional concept of paying attention to strike but despising protection, stressing the entity but belittling the procedure which has formed for a long time in investigation authority, this time, the new criminal procedural law in2013especially highlight on the concept of protection of human rights, and make significant change to the old provisions, specific to the investigation work, the modified content mainly involves defense system, evidence system, compulsory measures, investigation measures four aspects. This paper is divided into four parts.The first part:Overview on human rights protection of criminal suspects in the investigation stage. This part begins with discussing the basic protection criterion of human rights in international criminal field and then talk about the rights that the criminal suspects own in the investigation stage. Finally, the thesis expounds the varieties of obstacles of human rights protection that criminal suspects encountered in the investigation stage.The second part:The progress of the criminal suspects’ human rights protection in the new criminal procedural law. The progress of the new criminal procedural law in the investigation stage mainly is giving prominence to the criminal suspect’s human rights protection, mainly reflected in the link of evidence collection, link of taking compulsory measures, link of defending and link of investigation.The third part:Problems of the human rights protection of criminal suspects in the new criminal procedural law. Without a doubt, the new criminal procedural law has made a significant progress on human rights protection of criminal suspect in the investigation stage, but there are still some problems, the author will discuss the problems from three aspects, that is, incomplete illegal evidence elimination, relative right to silence and Not perfect censor and supervision mechanism.The fourth part:The future design of criminal suspects’human rights protection. Any system can not reach maturity in one time, so is the Chinese human rights protection system. We should continuously find problems during the law being enforced and summarize experiences, then improve. The author will discuss the future design from four aspects, that is, strengthening the defensive rights, perfecting the relief rights, guaranteeing the presumed rights and improving the investigation workers’ professional quality and consciousness of human rights protection.This year, the new criminal procedural law has been carrying out officially. What progress that criminal suspects have got on the human rights protection? How to effectively complete investigation tasks while will not infringe upon the human rights of criminal suspect? Whether the new criminal procedural law has got the ideal effect since coming into force? Is there any shortage and how to make up for it? The author will discuss these questions one by one and hope this paper can have certain reference value to improve implementation effect of the new criminal procedural law.