The Influence Of The Criminal Procedure Law In Enhancing Human Rights On The Investigation And The Corresponding Response

The protection of human rights in the criminal proceedings has been an internationalissue which is common concerned by each country in the world and is the focus ofjurisprudence. The reason is mainly that the Code of Criminal Procedure ensures theimplementation of Criminal law, and penalties of Criminal law are the most severe sanctionswhich restrict or deny offenders’ rights. On January1,2013,“Code of Criminal Procedure”that is newly revised in China is official implemented. One of the biggest highlights of “Codeof Criminal Procedure Amendment”(hereinafter referred to as “Criminal ProcedureAmendment”) is that the “respect and protection of human rights” is joined in the part of thebasic principles. It makes that the public security organs, procurators and judicial organs mustplace punishment for a crime and “respect and protect human rights” in the same position. Inorder to achieve the basic idea of “respect and protect human rights”, the Criminal ProcedureAmendment is modified around the basic idea at all stages of the proceedings in criminalcases, which is certainly a significant impact on crime investigation.This paper describes the impacts of strengthening the protection of human rights on theinvestigation and suggests coping strategies for these impacts in the modification of theCriminal Procedure Law that it is a major event in the jurisprudence. This paper includes fourparts:Part I: Overview of human rights protection. First, it makes a brief overview for the basicconcept of human rights, and then discourses relationships between human rights protectionand criminal proceedings based on it.Part II: The basic content of strengthening the protection of human rights in the CriminalProcedure Amendment. This section summarizes how these contents reflect the strengtheningof human rights protection from the modification of six aspects which include the basicprinciples of the Criminal Procedure Code, the defense system, the evidence system,enforcement measures, investigation procedures and special procedures.Part III: Impacts on the investigation that Criminal Procedure Amendment strengthensthe protection of human rights. Based on the second part, this section further elaboratesopportunities and new challenges for that Criminal Procedure Amendment to strengthen theprotection of human rights brings two investigative organs which are the public securityorgans and procuratorial organs. Part IV: seize opportunities, meet challenges, and investigate effectively according to thelaw. This section mainly includes some measures proposed for the third part. It makes theappropriate coping strategies from six aspects which include updating the idea ofinvestigation, developing good quality and improving detection capabilities of investigators,changing investigative mode, strengthening infrastructure, improving the technicalinvestigation and the supervision mechanism investigation. It requires that the investigatingauthorities must seize the opportunities arising from the Criminal Procedure Amendment andtake certain measures to deal with new challenges.