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Research On The Problem Of The Protection Of The Rights Of Criminal Suspects Litigation

Posted on:2015-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:J TanFull Text:PDF
GTID:2416330491452770Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal procedure should have two purposes,one is to punish crime,make up the criminal violations of social relations,safeguarding victims and social public interests;the two is to protect human rights,namely the criminal shall be disposed of through the proper procedure,rights in criminal litigation guarantee persons suspected of crime.Chin'a experienced a long feudal society,semi colonial and semi feudal society,the economic development of freedom in a closed environment,also has its own unique pattern of development of the legal system.Because of the influence of traditional crime control the supremacy of the lawsuit idea,after our country has been in the protection of human rights in criminal proceedings will be placed on the punishment of crime,crime,and ignore the criminal suspect or defendant litigation rights protection issues,and torture cases have occurred,the Zhao Zuohai case,Nie Shubin case and the other is bloody example.But with the development of the new Chinese economy especially the reform and opening up,with the development and progress of society,gradually improve the protection of human rights in criminal litigation status,which directly reflected in the revision of criminal procedure law.The last change in 2012,which for the protection of the litigation rights of criminal suspects have been gratifying achievements,there are provisions on the right to silence,illegal evidence exclusion rules are reflected on the protection of the litigation rights of criminal suspects.However,because of the traditional ideas and the lack of procedures for the design of the criminal suspects,the problem still exists.In this regard,this article will conduct in-depth analysis and research,to explore the way to further improve the protection of procedural rights of criminal suspects in criminal investigation.The article is divided into four parts of research to improve the procedural rights of criminal suspects in criminal investigation security.The first part of the procedural rights of criminal suspects in criminal litigation overview,from a human rights perspective,introduction of the lawsuit right of criminal suspects,to understand the concept and characteristics of procedural rights of criminal suspects in criminal litigation,which provides the basis for the later discussion.In the second part of the extraterritorial investigation in the investigation stage for the protection of procedural rights of criminal suspects,to extract factors in China can draw lessons from it.The third part focuses on the analysis of procedural rights of criminal suspects in the investigation procedure in China security status,and analysis of the existing summary protection of procedural rights of criminal suspects the problem and the reason of procedure of investigation.In the fourth part,according to the above analysis,put forward to perfect Chinese Investigative suspects litigation rights advice.Through the research and analysis,which aims to provide effective reference for our country to investigate the procedure guarantee of procedural rights of criminal suspects.
Keywords/Search Tags:suspect, litigation rights, the right of silence, the exclusionary rule of illegally obtained evidence
PDF Full Text Request
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