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Study On The Human Rights Protection Of Suspects During The Investigation Stage

Posted on:2017-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:B Y TaoFull Text:PDF
GTID:2336330485481774Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Criminal suspects in the investigation stage is only suspect, their rights of entities and procedures should not be reduced illegally, their human rights should be protected as ordinary citizens. The guarantee of human rights of criminal suspects is the proper meaning of the protection of human rights. The development of the state power is the process of reducing the private rights of citizen. The state’s investigative power is no exception. State’s investigation power comes from the citizen’s assignment of rights,so this power should serve citizens, not to infract their rights. However, facing the state’s power, our private rights are fragile and everyone may be subjected to the censure of the power of investigation.In recent years, protecting the rights of criminal suspects are highly valued by countries in theory or in practice. In the investigation stage, the criminal suspect facing the public authority is in a weak position. Their personal rights and property rights are easy to be infringed by public power. Increasing the protection of human rights of criminal suspects is of importance for the protection of human rights in all countries. Our commitment to the construction of rule of law in China, further strengthen and international standards, trying to develop the national economy at the same time, also attented to people’s livelihood and the protection of vulnerable groups, especially the considerable progress has been made in strengthening the protection of human rights of criminal suspects. It is embodied in the criminal procedure law of our country, which is conducive to the protection of the rights of criminal suspects. As the new criminal procedure law revised for the first time the provisions of the privilege against self incrimination. However, there are gaps between our country and the international standard; there are many practical problems includeing the inquisition by torture repeated and abusing the custodial coercive measures, through the basic concepts involved in the protection of human rights of the right scope, stage of investigation, the suspect definition, analysis the necessity of the protection of human rights,the paper cleared the significance of human rights protection of criminal suspects.On this basis, analysising the current situation of human rights protection of criminal suspects in the investigation stage, hunting deficiencies and causes. Through the related system of extraterritorial criminal suspect rights were analyzed from absorbing advanced experience for reference.Attempting to improve criminal suspects human rights protection system in the investigation stage by using value analysis method.
Keywords/Search Tags:Criminal Suspect, Human Rights Protection, Privilege of Silence, Presumption of Innocence
PDF Full Text Request
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