Font Size: a A A

Research On The Protection Of Criminal Suspect's Rights In Investigation Procedure

Posted on:2021-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
When human beings have awareness of their own rights,human civilization speeds up their steps.As an important cognition of human beings,right consciousness is the demand and claim of each individual for his independence,freedom and interests.The cognition of power is practiced in the exercise of power.The right to exercise is to claim and defend the right within the legal scope.When these legitimate cognition,claims and demands,that is,the legitimate rights are violated illegally,people have the right to safeguard their own interests through legal channels and carry out self-help.Since the 21 st century,with the rapid development of China's economic society and the continuous progress of the rule of law society,Chinese citizens have a further understanding of their rights.At the same time of rich material life,our citizens also have a deeper understanding and higher pursuit of their own rights.The criminal suspect is the person charged with the crime in the criminal investigation procedure,and there is the possibility of being punished by law.In the process of investigation,what they are facing is the powerful state public power-investigation organ.Compared with the state public power,the criminal suspect is undoubtedly in a weak position and easy to be controlled.Therefore,in the investigation procedure of criminal procedure,there are often cases in which the legal rights of the criminal suspect are not informed,can not get effective help,can not get effective protection,and the more serious case is that the rights of the criminal suspect are deprived.This is undoubtedly a huge obstacle to the construction of a socialist society ruled by law in China.Based on this situation,this paper is divided into four parts.The first part of the article makes a series of macro explanations on the significance and value role of the protection of the rights of criminal suspects,and expounds the necessity of the protection of the rights prosecuted.However,in view of the late start of the construction of the rule of law in China,and the shortcomings in some places,we can refer to the experience of western countries in legislation and practice;in the second part,we investigate the rights protection system of criminal suspects outside China,The third part analyzes the current situation of the protection of criminal suspects' rights in China,and exposes many problems in the process of legislation and practice.In this chapter,through the research and analysis of the most prominent and common problems,the lack of protection of the criminalsuspect's own procedural rights in the investigation process,the right of the defense lawyer to be present,and the exercise node,ownership and silence of the right to review papers in our country are not clear.After such targeted analysis,the author puts forward some suggestions on the protection of the rights of criminal suspects,which are reflected in the last chapter of the paper.At the same time,we have to admit that because of the protection of the Constitution and the criminal procedure law,the rights of criminal suspects in the criminal procedure of our country have a more solid backing than before.At present,we have made remarkable achievements in protecting the rights of criminal suspects.At the same time,by learning from the advanced and scientific legal experience of other countries,combined with the actual situation and specific national conditions of China's socialist society under the rule of law,this paper explores the protection of the rights of criminal suspects in the criminal procedure.
Keywords/Search Tags:Defense Right of Suspects, Right to Counsel, Right to Silence, Right of Investigation
PDF Full Text Request
Related items