On Investigation Phase Of The Criminal Suspect In Custody Rights Guarantee

During the Investigation stage, the rights of criminal suspect on custody can easily infringed by public power because his freedom is deprived by investigation organ, who is in a relatively weak position, thus it becomes a top priority to the protect the rights of criminal suspect on custody. Our country pay more and more attention to the protection of criminal suspects’rights in the legislation of criminal procedure law. For example,the new criminal procedure law for the first time stipulates that self-incrimination and secret detention and arrest are illegal. But it still exists some gaps to the international standard. The paper mainly talk about the connotation and significance of the protection of criminal suspect in the investigation stage.Through the analysis of necessity of investigation stage,associating with its connotation, objection and actual situation, it has great significance to protect the criminal suspect in custody.Through the comparative analysis of the extraterritorial right to silence, presence right of lawyer and compulsory measures adopted in the investigation stage, this part in the abstract provides reference for the value orientation of our country legislation design will and legislative construction. The third part evaluates the investigation stage in protecting the rights of criminal suspect in custody. Through the status analysis, the cause of the conservation status,which mainly includes the abuse of compulsory measures,extorting confessions by torture,etc.,can be concluded,such as the weakness of the criminal suspects’protection consciousness, lack of legislation and the soundness of the practical operation and so on.To improve the criminal suspects’rights to be informed and their rights to know and to increase their ways to seek public aid in the investigation stage,We should reform the system of the investigation and detention, establish strict judicial review system, expand the lawyer’s participation to further enhance the checks and balances of lawyers in the investigation stage, empower the lawyer the rights to investigate for evidence. Combining with the situation of China and the judicial actuality in our country, the paper mianly analysis the foreign related system and the mature research achievements for reference, and make an in-depth analysis and research about the relevant theory according to the new criminal procedure law modification,attempt to put forward constructive choices to perfect the relevant regulations in China.