Looking Into The Court’s Attitude To The Human Rights Protection By The Criminal Defendants’ Costume

As the basic principle of "respect and safeguard human rights" is successively loaded into the constitution and criminal procedure law of China, the human rights protection gets more and more attention. In the Third Plenary Session of the Party’s Eighteenth Report, the judicial protection of human rights system is clearly proposed in a number of requirements in the construction of rule of law in China. In the court’s trial, the judge’s protection to the human rights of the parties is an important part of the judicial protection of human rights system. Its actual operation can adequately represent the problems existing in the judicial protection of human rights in China. Studying it can help us find out the causes of related problems effectively. The causes found out in this way are objective, which can help us suit the remedy to the case better, then find a really effective solution on this basis.Based on the judicial practice of China, this thesis, using the method of empirical research, examines the actual situation of the court’s attitude towards the human rights protection of the parties in the trial from the perspective of law-sociology, with criminal defendants’costume in court as the point of departure. This thesis intends to find out some related problems existing in the human rights protection and their causes, thus to propose reasonable solutions and promote its development in China.With more than thirty thousand words, this thesis is divided into five parts.The first part is a theoretical basis of this thesis. With the introduction of the criminal defendants’costume, this part, respectively from the reason and the meaning of choosing the criminal defendants’ costume, illustrates that using the criminal defendants’costume as a point of departure in the study of the court’s attitude has an important practical significance. Then it introduces the importance of the court’s attitude towards the human rights protection, developing mainly from the influence of the parties’feelings, the acceptability of the judicial decisions and the effectiveness of the justice, which illustrates the importance of research on the court’s attitude to the protection of human rights. The second part is a literature review of the existing study. By a review of former studies, it finds out the shortages in these studies. Then it points out that to make up for the deficiency of traditional research methods, this thesis chooses the empirical method to study the reality of the court’s attitude to the parties’human rights in the process of trial in China. The significance of this research angle to the research content is illustrated.The third part is a specification of the research design. Research idea, research materials and research variables are introduced, which presents the formation process of research ideas, the acquisition of materials and the factors considered in choosing these materials. It illustrates the dependent variables of this thesis, including whether the defendant wearing a vest, wearing handcuffs and leg irons, having their heads shaved, as well as the independent variables, including the gender, occupation, educational level, age of the criminal defendant and the nature of the case, etc.The fourth part is the data analysis. On the basis of the statistical data, it provides a general description of the database, giving a descriptive explanation of the conclusion reflected by the database. Besides, through the analysis of the data, it explores the related factors which are affecting the court’s attitude to the protection of parties’human rights, and further analyzes the evolution of the court’s attitude. The fifth part of this thesis is the research conclusion and discussion. On the basis of the above data analysis, this part summarizes the factors affecting the court’s attitude to the protection of parties’human rights, reaching corresponding conclusions. And on the basis of these research conclusions, it puts forward some methods which can improve the current situation of the court’s attitude to the protection of parties’human rights, including removing the crime label from a defendant, perfecting the details of human rights protection, etc. The value and shortage of the study are also concluded in this part, aiming to gain more attention from the academia.