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On Protection Of The Rights Of Criminal Suspects In The Investigation Stage

Posted on:2014-03-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhangFull Text:PDF
GTID:2256330401461769Subject:Law
Abstract/Summary:PDF Full Text Request
2012in Chinese law has undergone tremendous change, come first on the list is theamendment of the criminal procedure law. In January1,2013the new criminalprocedure will be implemented nationwide, it is not difficult to see gratifying progresswas made for the protection of the rights of criminal suspects. Criminal suspects inChina is always the investigation activities in the passive side, for the problem ofprotecting their rights has been for many legal experts indulge in elaborating on history,at the same time is a difficult problem in this field. After protection today facing thenew criminal procedure we must admit the crime suspect this vulnerable groups rightsstill has a long way to go. In each stage of criminal procedure, the rights of criminalsuspects the most vulnerable is the investigation stage. Investigation on both sides ofthe unequal status, the criminal suspect this special identity to make their rights areinfringed upon, also difficult to start self protection relief program. Rising in the worldhuman rights calls today, effective protection of the rights of criminal suspects and thedemands of the benign operation of the investigation organs rights of hope, but thepractice proved that, to effectively curb the abuse of power investigation organ isreturned to the rights of criminal suspects path. The development of the criminalprocedure law should guarantee mechanism for the future program combination tobuild a and the protection of human rights, which has no right to relief the situationwill end.This paper from the Jurisprudential Analysis on specific channels to solve the problems,based on the substantive justice and procedural justice, analysis of security andfreedom value, establish the protection of the rights of criminal suspects and powerfullegal value basis, then of the two legal systems in the introduction and analysis ofinvestigation stage for criminal suspects rights protection, and then find the ourproblems by using the method of comparative analysis. Secondly, we should befamiliar with the relevant rights of criminal suspect investigation stage in our countryare entitled to include irrelevant to the case refused to say right, rights of access to alawyer, right to appeal and accusation, right to know, the investigation and collectionof evidence right to bail. Focused in96years "Criminal Procedure Law" progress, buthere we also see our rights remedy deficiency. Finally, through the above analysis ofthe problem we need from the custody of pre-trial review system, the exclusionary rules of illegal evidence, give the suspect the right of silence, the right to help lawyersbreakthrough finding problem. The conclusion restates the research focus of this article,called on Investigation Power Co., proper exercise, to suspect fair and impartial publicrights remedies.
Keywords/Search Tags:Investigation stage, Criminal suspects, Protection of the rights
PDF Full Text Request
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