A Study On The Protection Of The Human Rights Of The Accused In Criminal Proceedings

In the criminal proceedings,the criminal accused is a special subject,because of his suspected crime,he is prosecuted by the public power of the state,but his legal rights are not unduly restricted,and should be protected by the criminal justice.With the continuous development and progress of society,the protection of human rights has become the focus of attention in the judicial construction of various countries.The second chapter of our constitution clearly stipulates "the basic rights and obligations of citizens",and puts the human rights enjoyed by citizens in an important position in the constitution."respect for and protection of human rights" has also been formally written into the general provisions after the revision of the Criminal procedure Law in2012.With the continuous advancement of the judicial reform,the basic systems of evidence system,defense system,coercive measures,examination and prosecution have been implemented and improved.Our country has gradually carried out the spirit of respecting and protecting human rights,which has enabled China's human rights protection to continue to develop,and has played a leading role in punishing crimes and protecting citizens' basic rights and other legitimate rights.Punishing crime and protecting human rights are the two purposes of criminal procedure law.However,in the practice of criminal procedure,the confrontation and conflict between public power and private right are becoming more and more serious,and the phenomenon that the right of the accused person is infringed constantly occurs.In recent years,a series of unjust and false cases have come to light,which have posed a more arduous challenge to the judicial justice and judicial authority of our country.Therefore,in order to realize the purpose of criminal proceedings of punishing crimes and protecting human rights,In the criminal justice activities,how to protect the human rights of the accused is particularly important.It is of great significance to strengthen the protection of human rights in criminal prosecution for the maintenance of judicial justice,the correct application of the Constitution and the realization of the purpose of criminal proceedings.However,the activities of criminal proceedings have been influenced by the official standard thought for a long time,the purpose of the proceedings has not been well carried out,so that the phenomenon of extorting confessions by torture,obtaining evidence by violence and so on,which infringes on the law enforcement of the accused,appears.It is still necessary to discuss the human rights protection of the accused in criminal proceedings.In the process of reform,we should not only focus on the domestic judicial situation,but also use an open and inclusive vision to gain insight into the advanced foreign judicial system,so as to provide clear guidance for the construction of the judicial guarantee system for human rights in our country.This paper consists of four parts.The first part mainly introduces the basic situation of the accused's human rights protection,including a general analysis of the human rights and the accused's human rights protection,summarizes the significance of the protection of the accused's human rights,through the discussion of the case;It reveals that the human rights protection of the accused plays an important role in the improvement of the judicial system of a country.The second part mainly elaborates the present situation of the human rights protection of the prosecutor in the criminal procedure of our country,this part analyzes the human rights protection from the standard meaning,mainly carries on the exploration from our country constitution as well as the criminal procedure law to the accused person's right safeguard stipulation;This paper analyzes the present situation of the human rights protection ofthe accused in our country,summarizes the situation of violating the human rights of the accused in the current criminal proceedings,and probes into the causes of the violation.The third part is mainly about the extra-territorial investigation of the legal system of protecting the human rights of the accused.Through the investigation of foreign human rights legal protection mechanism,the advanced system for reference and absorption,in order to provide scientific experience for the construction and improvement of the human rights system of the accused in criminal justice protection in China.The fourth part is mainly in the previous several parts of the analysis of the basis,combined with China's judicial situation,in order to improve the criminal proceedings in our country to protect the human rights of the accused of the legal system for thinking.