The Research Of Suspects’ Privacy Rights In The Criminal Investigation Procedure

In the criminal investigation procedures,the suspects’ privacy issues have been unable to get enough attention.In the investigation process, the need for an objective investigation of the crime, is bound to restrict the suspects’ privacy.While restrictions on the suspects’ right to privacy will help improve the work efficiency of the investigating authorities,and to achieve the purpose of prosecution, but as a human rights concept in the field of criminal proceedings, the human rights of privacy should also be protected in the criminal investigation procedures.In summary, this paper will study the suspects’ privacy in the criminal investigation procedures, and how to maximize the protection of privacy of the suspect in the criminal investigation procedure.By analyzing the current situation and the causes of criminal investigations in the suspects’ privacy, by the use of the type of analysis summed up the experiences of other countries on the suspects’ privacy in the criminal investigation procedure, and combined with China’s reality to make recommendations of the suspects’ privacy in the criminal investigation procedure. In addition to the introduction and conclusion, the structure and layout of this paper is divided into five parts.The first part, this paper focuses on the general theory of the suspects’ privacy of the criminal investigation procedure. First, this paper demonstrates the concept of privacy,privacy rights and the privacy rights of the criminal investigation procedures.Second, from the perspective of the nature,depicting the picture about suspects’ privacy of the criminal investigation procedure. The suspects’ privacy of the criminal investigation procedure is the constitutional right.The suspects’ privacy right is a fundamental right of the criminal investigation procedures. Finally, the paper discusses the specific scope of the suspects’ privacy and the abstract standard of the suspects’ privacy in the criminal investigative procedure.The second part, this paper focuses on the monitoring program to detect, search, interrogation, detention and sampling for the object, and from the legislative level and practical level to assess the status of the suspects’ privacy of the criminal investigation procedure and summarize the causes.The third part, this paper will study the practice of the other countries,through the typed analysis regarding the protection of suspects’ privacy,and summarize the experience. Provide a reference for the suspects’ privacy protection of the criminal investigation procedure about our country.The fourth part, the paper will focus on the analysis of the realistic foundation and deep barriers about the protection of suspects’ privacy in our country, so as to provide realistic theoretical basis about improving the suspects’ privacy rights.The fifth part, this paper focuses on the countermeasures and suggestions about improvement of the suspects’ Privacy.The effective protection of the suspects’ privacy is not an overnight process. Not only the concept of progressive action, but also push forward legislation and law enforcement, only enough basic conditions, the possibility of effective operation of the system will exist. This paper attempts to establish the concept of a priority about human rights; and improving legislation; oversight review on the protection of the suspects’ privacy; sanctions and relief mechanism on the protection of the suspects’ privacy. Finally, to propose the corresponding countermeasures and suggestions.