On Human Rights Guarantee Of Criminal Suspects In Criminal Investigation Stage

In recent years,under the influence of the global trend of human rights protection,the cause of human rights in China has been greatly developed."Respecting and safeguarding human rights" was included in the constitution and included in the amendment to the criminal procedure law.The human rights of the criminal suspects in the criminal investigation stage which has been neglected are being paid more and more attention.In 2012,the amendment to the criminal procedure law added the principle of "no one shall be compelled to self-incriminate".To bring the time for lawyers to intervene in the investigation activities as defenders to the time when the criminal suspect is first interrogated or taken coercive measures;The implementation condition and application procedure of investigation measures are detailed.It has been stipulated that the People's Procuratorate shall supervise the surveillance of the designated residence,examine and approve the arrest,interrogate the criminal suspect,and examine the necessity of custody after the arrest.By our country has been "heavy fighting crime,guarantee of human rights","heavy entity light procedure","heavy depositions,the light of evidence" concept of investigation,in the practice in the human rights of criminal suspects there are still many problems: "shall not be forced to incriminate himself" and "answer investigators' questions truthfully" rules;The right to review papers,investigate and collect evidence and the right to present interrogations are not conferred on defense lawyers in the criminal investigation stage.Lack of supervision over the investigation power;The system of judicial review,judicial supervision and judicial relief still needs to be improved.The cases of human rights violations of criminal suspects in the criminal investigation stage still appear from time to time and are often widely reported by the news media,causing the public's strong dissatisfaction to the investigation organs and affecting social stability and judicial justice.Applying the theoretical knowledge of jurisprudence aspect,based on the present our country criminal investigation stage of criminal suspects human rights protection present situation,summarized existing problems,and to analyze the causes of the problem,and finally draw lessons from foreign advanced legal system put forward some personal Suggestions for improve the situation,the countermeasures,hoping to criminal suspects human rights protection in our country criminal investigation phase of process.