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Lack Of Investigation And Protection Of The Rights Of Criminal Suspects To Deal With Reality

Posted on:2014-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LvFull Text:PDF
GTID:2266330425483098Subject:Law
Abstract/Summary:PDF Full Text Request
Suspects in accordance with law, human rights, and must be carried out. It is thepursuit of the prosecution and the balance of power, so as to realize the requirements ofsubstantial justice, is the basic premise of criminal due process, is essential to theinvestigation agencies to avoid the abuse of power. Only fully guarantee the rights ofsuspects in criminal proceedings in order to fully reflect the interests of criminalsuspects in order to achieve social fairness and justice. It should be recognized, for theprotection of the individual rights of suspects is consistent with the purposes of thecriminal law, which is adapted to punish crime and protecting human rights, substantialjustice and procedural fairness, based on China’s actual conditions and needs of learningfrom foreign experience, organic unity.In judicial practice, the real attention accordingto law and safeguard the rights of criminal suspects, explore the lack of reality withrespect to protecting the criminal suspect’s rights and corresponding method for buildinga scientific action structure, achieve the legalization of criminal proceedings, speedingup the process of democratization, an important theoretical and practical significance.Existing criminal procedure law, criminal suspects in China have made greatprogress in terms of rights protection, criminal justice reform, part of the long-standingChina, affecting criminal human rights problems in China. This take case analysis law,and comparison analysis law, method, to torture confessions beam a case and illegalsearch, and seized Boyd case as this of points, see from to stated has my investigation inthe, crime suspects this two aspects right guarantees of many limit and realityinsufficient, through described torture confessions and illegal search, and seized ofagainst, analysis its produces of system causes and the reality causes, used theorypractice work of method, made has on crime suspects right guarantees of initiatives. Inthe aspect of the suspect’s rights protection system: law right to silence; law right tocounsel; improve relevant provisions of compulsory measures; and perfect the system of search, seizure and perfecting the supervision mechanism. Investigators to the suspect’srights protection law enforcement idea: improve the quality of judicial staff; usingmodern technology investigation; uphold procedural justice and substantial justice; setevidence to judge ideas for lawyers to participate in the proceedings have the right tomeet. Along with the deepening of the Socialist conception of the rule of law, more andmore attention to human rights protection in China, however, guaranteeing the rights ofcriminal suspects in the area of criminal investigation is still a very long way. I believethe spread of the idea of human rights does not stop, deepening awareness of the rightsof criminal suspects, law enforcement personnel as a forerunner of the advanced ideasand practice the pedestrians, and ensure that investigative activities are conducted in afair, impartial, the suspect’s rights will be fully protected by law.
Keywords/Search Tags:investigation procedure, the suspect, right guarantee
PDF Full Text Request
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