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Protection Of Criminal Suspect's Rights In Criminal Investigation

Posted on:2018-09-23Degree:MasterType:Thesis
Country:ChinaCandidate:S LiFull Text:PDF
GTID:2346330542979312Subject:Law
Abstract/Summary:PDF Full Text Request
Since China's constitution has written respecting and safeguarding human rights,the firm position of respect and protection of human rights in China has been determined,Safeguarding human rights is of top priority.In the process of criminal investigation,the protection of criminal suspects' rights is particularly important,because any result of criminal investigation will have a decisive impact on the conviction and sentencing of the accused in the trial stage.But in view of the current situation in our country,in the process of criminal investigation,there are still frequent violations of the rights of suspects and the phenomenon of being not implemented.In the process of criminal investigation,in order to achieve the purpose of solving the case quickly,the investigation organs often use a lot of measures and means to restrict suspects.In the face of powerful organs,the suspect's rights are weak and powerless.The suspect's right protection system is not perfect in China's criminal investigation,which makes the vulnerable suspects more difficult.In our country's judicial practice,extorting confessions by torture and prolonged custody are forbidden repeatedly,and many miscarriages of justice exist.Once again,the painful real lessons make us gradually realize the importance of criminal suspects' human rights protection.With the amendment of the new criminal procedure law,the protection of human rights has been greatly strengthened,So that China has made remarkable achievements in the protection of human rights.Perfecting the legislation and optimizing the judicial environment,at the same time,strengthen the awareness of human rights protection in the investigation organs,Improve people's awareness of their rights protection,to standardize the law enforcement behavior of law enforcement officers in criminal investigation organs,establishing an effective judicial review and supervision mechanism,,in order to achieve better protection of human rights purposes.In general,the article can be divided into four parts:The first set of emphasis on the rights of suspects in criminal investigation.The criminal suspect and criminal investigation of criminal investigation of the concept of rights.The second part analyzes the protection system of suspects' rights in foreign criminal investigation.From the supervision system,the rights guarantee measures of suspects and the right of defense counsel to study,learn foreign advanced rights protection concept,strengthen self construction.The third part expounds several problems in the protection of suspects' rights in the process of criminal investigation.It focuses on the long existence and difficult governance of extorting confessions by torture and extended custody.Searching for the root of its existence and looking for the defects of today's criminal investigation mode.The fourth part,by means of layer by layer analysis,comparative analysis and other methods,draw lessons from the advanced experience of foreign countries in the field of rights protection of suspects.Analysis of the current situation of the protection of suspects' rights in china,absorb useful experience from other countries,combined with the current judicial status,the criminal suspects' rights protection in the criminal investigation process should be further strengthened.
Keywords/Search Tags:right guarantee, criminal investigation, criminal suspect
PDF Full Text Request
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