Research On The Protection Of The Human Rights Of The Accused Under The Principle Of Trial Centralism

With the development of economy and culture,the protection of human rights has become the focus of attention.The second chapter of the constitution of our country stipulates the basic rights and obligations of citizens,and lays the foundation of the human rights of citizens.The criminal procedure law as the minor constitution of our country,carries the important mission of "the State respects and preserves human rights " stipulated by the constitution.The revised "Criminal Procedure Law" formally implemented "in January 1,2013,which explicitly put“respect and safeguard human rights" in general principles.It is the embodiment of the criminal procedure law to implement the spirit of the constitution,and the protection of human rights is put in the first place of the criminal procedure reform.In the practice of criminal litigation,the conflict between public power and private rights is more and more serious.The violation of rights of the accused and the occurrence of miscarriages presented a huge challenge to our country's judicial authority and judicial justice.In order to keep freedom,justice,fairness,judicial authority and other values balance,to prevent the abuse of public power,the protection of the defendant's human rights become a major problem needed to be solved in criminal litigation reform,which has a great practical significance.The Party Central Committee of the eighteen session of the fourth plenary meeting proposed to promote the trial-centered litigation system reform,view "trail centralism" as the starting point of the reform to prevent miscarriages,ensure the protection of human rights of the accused and explore specific measures.All of these had a significant meaning for the maintenance of justice,the realization of entity justice and procedure justice,the perfection of legal procedure and the judgment of national judicial civilization and legal civilization.Through problem-oriented mechanism,this paper starting from the actual case of the Nie Shubin,triggers the thinking about a series of miscarriage of justice,which highlights the major problems in protecting the human rights of the prosecuted person.We need to learn the domestic and international laws and regulations on the protection of human rights,clear the existing defeats of our practice on criminal litigation,seize the opportunity of "promote the trial-centered litigation system reform",understand accurately the connotation of "trial-centered",and change the traditional "Investigation-centered" litigation structure.We need to combine the trial-center centralism with the protection of the human rights of the accused,focus on the investigation,prosecution,trial and litigation status in the role in practice,change the investigation centralism to the trial centralism,accurately grasp the the right reasons of accused of violations.For these problems,we put forward practical solutions to protect the human rights of the accused,promote the criminal procedure reform in practice and achieve the great goal of building the rule of law in China.