The Human Rights Protection In Criminal Procedure Law

If the criminal law is the Great Charter of the offender’s right,so is the criminal procedure law of defender’s.The criminal procedure law entitled Little Constitution fundamentally takes the human rights safeguard for the accused as its eternal burden. The superiority and inferiority in the course of criminal procedure determine the necessity of human rights safeguard,while in the term of social effects,the accused deserves the equal rights like anyone else.However,for a long time,the judicial officials hold the different belief in the criminal procedure.On one hand,fighting against the crime is superior to safeguarding human rights.The agency have taken long one-sided stress on the needs of crime-fighting,then crime-fighting is considered to be the basic,even the ultimate aim,and other interests and values should be subject to combat crime.Due to this thoughts,the officials take the crime-fighting as reasonable, while human rights safeguard valueless, even the indefinite detention of the accused or the suspect is thought to be proper, let alone the ignorance of laws and the legal rights of the accused or the suspect, the awareness of the development trend of value of criminal proceedings and the need to safeguard fundamental human rights.On the other hand,presumption of quilt overwhelms. Based on the old values of lawsuit,the officials,with the eagerness to do the case and hatred on the criminal acts,usually think the suspect or the defendant as the real criminal,blurring the limits of right of investigation,prosecution and trial.They presume the quilt,not truly implement the presumption of innocence,the fundamental principles of modern nomocracy.Dominated by such a concept,judicial officials tend to collecting evidence against the suspects.Even lack of evidence,the investigation and detention would go on,then some illegal acts,like torture the suspect would take place. Obviously, being inconsistent with the fundamental requirements of building a socialist country ruled by law,these acts have drawn attention from law field. The mending of criminal procedure law highlighted the safeguarding human rights by putting into the general principles,which signifies the terms of human rights firstly under the department law,after the Constitution,and the great progress on the concept of legislation in human rights safeguard.The author firstly discussed the connotation of value in human rights safeguard in the context of new criminal procedure law,that is human rights in criminal proceedings doesn’t guarantee all rights of suspects and the accused,but protect the legitimate rights of litigant participant,in particular,the suspects and defendants, which,in brief,refers to the deserved rights in the proceeding for the citizens. The author reviewed the past circumstances of human rights safeguard,including the inequality between the accuser and defendant in criminal procedures,the limits to the lawyer,the overwhelmed concept of presumption of quilt,the problem of torture. Then under the mending of criminal procedure law,she analyzed the progress in human rights safeguard afterward,elaborating how the new law enforced the safeguard of human rights and litigious right,and adhered to the simultaneous development of substantial justice and procedural justice,strengthening the construction of criminal procedure mechanism, laying more emphasis on concept of procedure justice,from the aspects of protecting the rights of suspect and the accused, and that for the victims, witnesses, minors, mentally ill. The author also pointed that this mending of the law means a lot to human rights safeguard,especially,putting the term that safeguarding the human right into the general principles is considered as a milestone in Chinese legislation,a mark of the enforcement of certain spirits in the Constitution,the unprecedented common view on the concept of crime-fighting and human rights safeguard by both fields of theory and practice, and a substantial step for agency to respect and safeguard human rights.At last,the author pointed out the shortcomings and gave suggestions to the mechanism of human rights safeguard with the new law,such as enforcement of lawyer’s defending, a balance in the two parties, in search of the doing the case, fairness and efficiency. In conclusion, his mending of the law is a temporary summary of the past revolution on the judicial system, a criterion of future practice, hence this mending highlighted more. It is hoped that people can see the shortcomings by the analysis of the new law, and the Chinese criminal procedure, the cause of human rights will earn a new forward with the enforcement of the new law.