Conflict And Adjustment Analysis Of Public Security Organs' Investigative Power And Criminal Suspects' Human Rights

In the criminal investigation stage,the investigation authority of the investigative organ and the basic human rights of the criminal suspect are easy to conflict.Because the basic human rights of the criminal suspect are in a relatively weak position relative to the investigative power of the investigation organs,the basic rights of the suspects are easily infringed by the investigative organs.With the overall promotion of respect and protection of human rights in China,the protection of the basic rights of suspects is at the stage of investigation,which is the proper content for the development of a society ruled by law.In this context,this paper analyzes the conflict between the right of investigation and the human rights of the suspects in our country,in order to put forward the views of the two conflicts and achieve the purpose of protecting human rights.This article is divided into four parts.The first part is about the manifestation of the conflict between the right of investigation and the basic human rights of the suspect in the stage of criminal investigation,including the repeated prohibition of the abuse of the investigative power in the investigation organs and the lack of the protection of the human rights of the suspects in the legislature.The second part tells about the reasons for the conflict between the investigative power and the basic human rights of the suspects in the criminal investigation stage.Analysis,including four reasons,one is the conflict between the right of investigation and the protection of human rights in the value level,the two is influenced by the traditional law culture of our country,the three is the restriction of the social reality conditions,the four is the limitation of the judicial system;the third part tells the basic principle of the right of investigation for the criminal suspects,including the principle of legal retention of form guarantee,The proportion principle of substantial guarantee and the proper legal procedure principle of procedural guarantee;the fourth part narrates the suggestion of the right of investigation and thehuman rights adjustment of the criminal suspect,including two suggestions,one is to perfect the right of the criminal suspect,and the two is to rationally allocate the mechanism of power restriction.Through the construction of the criminal investigation and balance mechanism,we hope to achieve the goal of ensuring the basic human rights of suspects in the investigation stage.