Analysis On The Human Rights Protection In Criminal Lawsuit

Criminal procedure refers to the specialized state organs,Sue criminals to determine whether the accused is guilty,and the size of the guilt,the final purpose is to punish crime,deter criminals,maintain social stability.In criminal lawsuit,accused person,namely,criminal suspects and defendants,and the prosecution organs often in unequal position,so the rights of the accused person is vulnerable to the encroachment of national public power,which run counter to the basic values of criminal procedure.On the basis of the characteristics of criminal procedure,the main body of human rights protection in criminal proceedings is only being prosecuted,and security are also thoes became the various countries' human rights protection of human rights priority.In today's world of major developed countries have established a sound criminal litigation system and basic principles of human rights,and due to the construction of the rule of law in China starts late,and has been a lack of attention to citizens' personal rights,causes our country's human rights protection work has not been very ideal.Direct expression is suspected crimes in the field of criminal proceedings arising from delays in establishment,illegal evidence collection behavior is widespread,lawyers rights protected,and so on.2012 of the criminal procedure law of our country's criminal procedure undoubtedly has a huge role in promoting human rights protection work,but it is still difficult to eliminate some legacy for a long time in our country's criminal lawsuit activity the ills,institutional defects are still apparent,procedural justice in the practice have been can not get the attention they deserve.This paper aims to analyze the cause of human rights protection problems in the criminal lawsuit of our country,on the basis of reference to draw lessons from foreign advanced system at the same time,some Suggestions on the improvement of our country's criminal procedure preliminary conception of human rights protection work,in order to add a force of human rights protection in China.This article is divided into five parts.The first part of paper analyzes evolution of the concept of "human rights",and analyzes the relationship between human rights and law.The second part discusses the main content of human rights protection in criminal action,confirmed to the main body of human rights protection in criminal action.The third part from the legislative and judicial two aspects analyzes the main problems of human rights protection in the criminal procedure in China.The fourth part of foreign about guarantee stipulated in the criminal procedure has carried on the simple introduction of the main system of human rights,in order to a reference significance to the construction of the system in China.The fifth part is on the basis of above discussion to perfect the system of criminal lawsuit human rights protection in our country puts forward several Suggestions and ideas.