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The Protection Of Human Rights Of The Criminal Suspect

Posted on:2015-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y H MaFull Text:PDF
GTID:2296330467956137Subject:Law
Abstract/Summary:PDF Full Text Request
The essence of the criminal litigation is the ruling class to certain classes of society is to maintain and the establishment of the ruling order. Punishing crimes and protecting human rights is an important purpose, the two direct purpose supplement each other again, be short of one cannot. Which punishing crimes is a means, guarantee of human rights is the goal, guarantee of human rights is the criminal prosecution purposes and core value, just absolutely cannot be ignored. Human rights is an inevitable trend in the development of modern view, today’s world advanced nation criminal litigation system also is human rights as the direction of development. Respect and safeguard human right has also clear the country’s constitution, which reflects the country in to the attention of the protection of human rights. Criminal procedure law as criminal suspects’ rights law, its inevitable attaches great importance to human rights. The judicial system of human rights is the guarantee of human rights first content, and in the course of investigation of suspects on human rights protection but also need more deeply, the relevant department pay serious attention. And the traditional form idea influence, the judicial organs of paying attention only to detect the outcome of cases, thus causing stress to the punishment of crime of criminal suspects caused by human rights abuses. As is known to all, and had supreme judicial authority, and powerful than the criminal suspect are in very small position, very difficult also could not compete with the judicial authority. We must fully realize the importance of criminal suspects, both human rights protection in human rights protection to see the great progress of, also want to objective clear see in judicial practice, there are still some, such as forced confession and extended custody, illegal search and seizure, beaten, abuse suspects etc, therefore, we should deeply summing up experience lesson, and constantly improve the relevant legislation, establish and perfect the judicial system. Constantly perfect the human rights of suspects.Therefore, this article is divided into four parts:the first part introduces the formation and development of human rights, reveals guarantee of human rights has a long history. Respectively expounds human rights and the criminal investigation procedure criminal suspect human rights basic concepts. And then analyses the criminal litigation purposes and value and criminal suspects the relationship human rights protection, and indicated the criminal investigation procedure guarantee human rights in the importance of the criminal suspect. The second part of Anglo-American law system respectively expounds the protection of human rights and civil law, analyses the similarities and differences of pattern of two legal systems can be used for reference. The third part of criminal investigation procedure based on the criminal suspect human rights problems and status of analysis. The fourth part of criminal suspects to improve human rights protection puts forward rationalization comments and Suggestions. Establish strict supervision mechanism, establish a judicial review mechanism, through this a series of measures to strengthen the protection of human rights in criminal suspects, and finally achieve the harmonious socialist society.
Keywords/Search Tags:The criminal suspect, Guarantee of human right, Judicial review
PDF Full Text Request
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