Research On The Constitutional Protection Of The Right Of Criminal Accused

The criminal accused are considered as special group,their rights should be protected by the Constitution.Compared with the protection of the basic rights,the criminal accused in proceedings because of being subject to the law,the rights they should enjoy are often treated by injustice and even violated,which does not meet the International Human Rights Protection requirements,but also has no advantage on the fourth Plenary Session of the 18 th CPC Central Committee,which mainly described about to promote the comprehensively rule by law,to guarantee judicial justice,and to strengthen public credibility as well as enhance Judicial Protection of Human Rights..To confirm the rights of the criminal accused in the Constitution,it could indirectly reflect the country s concept of protecting human rights,which further reflects the progress in Judicial Protection of human rights in China.At present,China emphasizes on the protection of rights to the criminal accused.The constitutional amendment of 2004 achieved "Human Rights into Constitution",till Criminal Procedure Law and State compensation law revised in 2012,which put "Respect and Safeguard Human Rights" in the general provisions,improved and perfected the procedure of compensation,cleared channels of compensation and ensured payment of compensation being practiced.,which opened a new chapter in China's human rights protection.However,there are still some deficiencies exist in China s legal system protecting the rights of the criminal accused.Such as the content of rights to the criminal accused is not complete in Constitution,The presumption of innocence and the due process clause have not risen to the height of the constitution provisions.Besides,the implementation of relevant measures of the criminal litigation law is not in place.The criminal accused in proceedings rights relief system still needs further improvement.The establishment of the constitutional litigation also requires a deeper exploration.This thesis will discuss the important rights enjoyed by the criminal accused from the Constitution protection perspectives.It will analyze the constitutional guarantee system and methods among the foreign representative countries.Except for preface and conclusion,four parts as following:The first part will mainly discuss the general theory of Constitution protection of rights of the criminal accused.The concept of the criminal accused and their rights will be stated to set up the basic concept of the whole article.It will also list the characteristics of rights.In addition,it will elaborate the concept and way of Constitution protection,which explains the significance of their rights that should be protected by the Constitution,this provides valuable support for the later statement of defendants and suspects rights constitutional protection.The second part will mainly summarize the present stage of our country s Constitution and law on the protection of the status of the criminal accused rights.Through the analysis of the status to sum up the existing problems from the constitutional guarantee of Chinese defendant rights.The causes of the problems could be figured out in the following aspects: lack of the consensus of the society protection of rights to the criminal accused,the influence of traditional litigation idea of entity light program,the lack of strong supervision of constitution and the unclear rules of rights of the criminal accused provided in the Constitution.The third part is mainly selected from the United States and Germany these two countries different legal system.It will analyze the problems of the constitutional protection and in practice of rights to the criminal accused in criminal proceedings.It will mainly do research on the two aspects of their rights in Constitution and the specific Constitution protection system.Sum up what could be learnt from the rights of the criminal accused that protected by the Constitution in the process of experience.First is to understand correctly the connotation.Secondly,from all perspectives,improving and perfecting the legal system of defendants rights should be guaranteed by the constitution.Finally,we should give full play to the fundamental role of the Constitution.The fourth part is the analysis from the basis of the rights to the criminal accused in criminal proceedings and the Constitution protection.According to this study,the protection of the criminal accused could be highlighted to improve the identity of suspects human rights protection concept by the constitutional rights from strengthen the protection consciousness of the rights to the criminal accused,establishing the constitutional authority,and changing the traditional idea of criminal litigation.To enrich the criminal constitution in the provisions of the rights of the criminal accused in proceedings.To strengthen the overt and fair trial in criminal proceedings,to exclude illegal evidence,to ascertain carry out the avoidance system and the assistance from barrister-at-law as well as defensive rights.To improve the rights of the criminal accused that being protected by the relief system from several aspects.