Research On The Protection Of Human Rights Of The Respondent In Criminal Litigation

Since the reform and opening up,China's economic construction has made rapid progress,and the construction of socialist democracy and rule of law is also constantly advancing.While people's material life is improving,their awareness of rights and demands for rights are also increasing.The infringement of the rights of the accused in criminal proceedings is more common in our country at the present stage.The protection of the rights of the accused has become the key work of the right protection at the present stage of our country.Protecting their rights is a natural extension of China's human rights theory and constitutional practice in the field of criminal procedure law,and an inevitable trend in the development of criminal procedure system.The protection of the rights of the accused,mainly through the setting of proper criminal procedure,has two main requirements: on the one hand,it sets the litigation procedure that limits the rights of the state organs,prevents the judicial abuse,and on the other hand,endows and guarantees a series of procedural rights of procedural Litigations of the accused,in order to improve its right The ability to resist national rights.In our country,whether from the legislative level or the judicial practice,the great success in the protection of human rights is obvious,but there is still a gap with the standards of international criminal procedure.In view of the above background and problems,this paper mainly studies the following aspects:In the first part,the author first defines the accused in criminal litigation,and gives a brief review of the human rights of the accused,and introduces its connotation including procedural and substantive human rights,in which procedural human rights are the core of the protection of human rights in criminal proceedings.Secondly,it introduces the necessity of the human rights protection of the accused in criminal proceedings,mainly including four aspects: it is the objective requirement of the law of criminal procedure,which is not only conducive to the realization of the purpose of the criminal procedure,but also to the realization of procedural justice and the construction of a modern country under the rule of law.The second part makes a dialectical analysis of the current situation of the system of the protection of the right to be prosecuted in China.On the one hand,we have seen the progress made in the protection of human rights in our country.The Constitution and the criminal procedure law have made great progress in the protection of the human rights of the accused,butstill still have defects.For example,some basic principles of criminal litigation have not yet been clearly stipulated in the relevant laws of our country,which leads to the extortion of confession by torture and the excess of the criminal procedure.The phenomenon of violation of the right to prosecute is repeatedly occurring in the period of detention.The third part makes an extraterritorial study of the human rights protection system of the accused,including the right to silence,the exclusionary system of illegal evidence,the principle of due process and the right to defend the lawyer.From these regulations,we summarize the experience suitable for the national conditions of our country,in order to better realize the protection of the rights of the accused.The fourth part,in view of the existing problems in our country's current stage of prosecution for the protection of human rights,put forward some specific suggestions and methods,hoping to contribute to the improvement of the level of the protection of the rights of everyone in our country.