On The Protection Of Criminal Suspects' Rights In Criminal Detention

Criminal detention is an important part of criminal coercive measures.The application of criminal detention directly reflects the collision and game between state power and civil rights.With the gradual improvement of human rights protection measures in a country ruled by law and the awakening of citizens to protect their legitimate rights,the protection of the rights of criminal suspects has become the focus of academic and practical circles in recent years,and the protection of the rights of criminal suspects in criminal detention is also an important content.With the further deepening of the reform of the judicial system and the gradual progress of the standardization of law enforcement,great progress has been made in protecting the rights of criminal suspects in criminal detention.However,in judicial practice,due to the imperfect legal provisions on criminal detention,as well as the ideology of "valuing entity and neglecting procedure" and the long-standing law enforcement concept of "valuing strike and despising protection",criminal suspects' rights are still violated in criminal detention from time to time.On the basis of investigation and study on the application of criminal detention,the author puts forward suggestions on improving the legal regulation of criminal detention system and the safeguard measures of the rights of detainees.This paper is mainly composed of introduction and four other chapters.The introduction introduces the background and significance of studying the protection of criminal suspects' rights in criminal detention.The first chapter mainly introduces the concept and characterisic of criminal detention and the rights involved in criminal detention,such as the right of personality,the right to know,the right to get access to lawyers' help and the right not to be selfincriminated,and discusses the value and practical significance of protecting the rights of criminal suspects in criminal detention.The second chapter mainly investigates the protection of the rights of criminal suspects under the related international document and the related extraterritorial system,and studies the protection provisions of the rights of criminal suspects in Britain,the United States,Germany and France during the process of "detention".The third chapter discusses the problems and causes of the protection of the rights of criminal suspects in criminal detention in China,mainly combained with the structure,purpose and value of criminal procedure in China,from the defects of the legal regulation of criminal detention in China and the deficiencies of the protection of the rights of criminal suspects in the implementation of criminal detention,and analyzes the causes of the problems.The fourth chapter mainly expounds the suggestions and measures to protect the rights of criminal suspects while improving the legal regulation of criminal detention.It mainly includes regulating criminal detention applicable conditions,excluding the punitive function of criminal detention in practice,refining the conditions for extending the detention duration,the implementation of the system of "two review,one approval and one report",excluding illegal evidence during detention,improving the supervision measures of criminal detention,establishing a system of accountability for wrongful arrest,improving the right to appeal of detainees who have been detained,perfecting the suspect's right to know,improving the right to get access to lawyers' help,giving detainees the right not to be self–incriminated,improving the compensation system for defective detention and perfecting the spiritual comfort system for wrongly detained person.