Studies On Guarantee Of Human Rights Of Criminal Defendants

Human rights is an old and eternal topic, guarantee of human rights has become basic concept and judicial criterion of a country under the rule of law and the international community. The road of China’s human rights is not smooth, especially to criminal defendants in the criminal procedure. Due to a series of history and realistic reason, criminal defendants to human rights protection in our country is unsatisfactory, for example, the innocence presumption principle is not truly established, anairport cannot effectively exercise, criminal coercive measures are often abuse, illegal evidence elimination rule is not set up. The paper bases on the current situation of criminal defendant’s human rights protection, studies the reasons, according to criminal defendant’s human rights practice of two major law systems, put forward the reasonable Suggestions, and construct more effective system in China to guarantee of human rights of criminal defendants.Paper is divided into five parts:The first chapter introduces the research purpose and significance of the topic, practice of common law and civil law and the reality of our country. The second chapter describes the development of the human rights and the concept of guarantee of human rights of criminal defendants, expounds its four basic characteristics and the important significance. The third chapter briefly introduces achievement of criminal defendants in ensuring human rights in China, and detailed analysises the problems and reasons in our country. The fourth chapter specific introduces guarantee of human rights of criminal defendants in Japan, British and America. Finds our gap and perfects it. The fifth chapter is some specific Suggestions. Base on the present situation of our country and the practice abroad, the authors put forward a series advice to perfect guarantee of human rights of criminal defendants.