The New Chinese History Typical Unjust Case Human Rights Questions

The function of justice is not only to investigate and punish crimes, but also to protect human rights and to maintain justice. Up to now, the development of the human rights in new China has experienced nearly seventy years. In this process, it has made great achievements, but there are still some problems to be improved. Limited by many subjective and objective factors, including traditional concepts, cultural atmosphere, judicial philosophy, judicial system, technical means, judicial personnel quality and so on, a number of injustice occurred in the history of new China. In recent years, those cases of injustice have aroused widespread concern and reflection of society through the media. In the process of deepening the legal system, the full implementation of the rule of law and building a comprehensive well-off society, it is of great significance to concern the human rights related with the typical cases of injustice happened in history.It is a key to protect the rights of citizens and to avoid the occurrence of injustice, the real need to ensure judicial justice and to build federal society, and the internal needs to train and shape the socialist core values of citizens.The protection human rights is good to perfect judicial system, improve the judicial system, to strengthen the powers of supervision and accountability in the implementation of measures, enhancing the credibility of the judiciary, eliminate torture, guaranteeing human rights, to avoid the occurrence of injustice.In the view of Marxist, there are some related research human rights. He believed that human rights are not inherent, but brought about in history, which is historic. Human rights are not intrinsic and relative. And human rights are universal, comprehensive and development,not narrow, one-way and static. Human rights belong to a certain class, with a class character. Rights and obligations are unified. The equal rights of human rights include equal rights and equal obligations. Lenin believed that democracy and freedom are the foundation of the socialist human rights; and implementation of national equality and safeguard national self-determination are the important parts of socialist human rights.Through the analysis of typical injustice, "presumption of guilt", "Doubtful from there", "torture" and the authorities deny malfeasance and corruption, and contempt for human rights abuses factors are the main cause of recurrent miscarriage of justice. "Presumption of guilt" is the reconnaissance organs(check after authorities arrested suspects) preconceptions of the suspect guilty inference judgment.It is essentially hidden behind some of the ideas and institutions, and to appear as a series of potential, unobtrusive, rules and forms of denial of human rights. "From there suspected crime" and as modern criminal law "in favor of the suspect" and principles "the Conflict" under Correspondingly, it refers neither prove suspect guilty and innocent suspects can not prove the case presumed suspect guilty. Ruthless contempt of human rights and violations of human dignity and the damage nature. Torture is a "presumption of guilt" of a dominant form, it refers to the state judicial staff(including discipline inspection and supervision) using brutal way corporal punishment or disguised corporal punishment and even torture and other mental torture the person questioned physical or mental, in order to obtain a very bad criminal justice interrogation methods in his statement.Brutal trampling is a human grave disobedience on human rights in essence it violates suspects’ personal rights, resulting in their physical and mental harm, unlawful deprivation of the suspect as equal rights body, disruptive social rule of law, harm national credibility and legal authority. The real culprit injustice torture occurred, it is essentially anti-sub rule of law. This is the rule of law and building China’s socialist characteristics of the target contrary. Authorities malpractice professional services or staff of state organs in the performance of duties or exercise the mandate, dereliction of duty, favoritism or abuse of power, resulting in injury or loss, resulting in state property, national and people’s interests suffer significant losses of behavior.It will inevitably lead to corruption, and human rights protection system collapse. To the right to substitute the law, the right to practice law inevitably undermine human rights protection system; failure to abide by the inevitable rejection of corruption malfeasance of justice, leading to frequent injustice; right above the law, the judicial authority to intervene inevitable overhead and legal system.(Essentially a human rights protection system collapse, the destruction of the human rights protection system) promote justice plays an important role in the protection of human rights, the rule of law in social justice is the essence and soul of justice only adhere to really protect human rights, justice lack of justice, the rule of law is meaningless.To explore the prevention of injustice and accountability measures from the correct "presumption of guilt" and "Doubtful from the" erroneous ideas, prevent torture and corruption offenses authorities malfeasance start concentrating on institutional development and oversight powers therein an important role, and truly promote justice, guaranteeing human rights. To this end, under the premise of clearing the importance of justice to protect human rights, our country must reform the judicial system, improve the judicial system, strengthen power supervision and implement accountability measures to enhance the credibility of justice, put an end to torture, guaranteeing human rights and prevent the occurrence of injustice.