Research On The Constitutional Protection Of The Rights Of Criminal Prosecutors

The criminal prosecution is the person accused of the crime and investigated by the criminal.Compared with the ordinary citizens,it is in the front line of direct confrontation with the state organs and controlled by the coercive measures of the judicial organs.Based on the uncertainty of criminal investigation and the universal value of human rights protection,it is necessary and realistic to guarantee the rights of the accused,and the protection of civil rights has always been one of the important contents of constitutional norms.Therefore,the recognition of the right of criminal prosecution in the constitution of a country directly reflects the concept of human rights protection of a country,and highlights the level of human rights protection in a country as well.At the present stage,our country is paying more and more attention to the protection of the rights of the criminal prosecution.The 2004 constitutional amendment realizes "human rights in the constitution",and by 2012,the criminal procedure law has been amended to write "respect and protect human rights" into the general principles and has perfected all litigation systems,and by 2018,the latest constitutional amendment has placed more emphasis on the significance of the rule of law.China's human rights guarantee is writing a new chapter.However,there are still some deficiencies in the protection of the criminal prosecution in our country:for example,the provisions of the Constitution on the content of the rights of the accused are not comprehensive,the presumption of innocence,due process provisions have not been promoted to the height of the Constitution.In addition,the docking and coordination between the constitution and the criminal procedure law is not enough,and the remedy system of the right of the accused is still in need of further improvement.The procedure of constitutional interpretation and the system of constitutional supervision still need to be explored to deep.This paper discusses the rights enjoyed by the criminal prosecution from the angle of constitutional protection,analyzes the constitutional safeguard system and methods of the representative countries abroad,and puts forward some suggestions for the improvement of the constitutional protection of the criminal prosecution's rights in our country.This paper is divided into four parts:In the first part,in addition to explaining the background and current situation of the study,the relationship between the Criminal procedure Law and the Constitution is discussed,and the relationship between the two in the value orientation is emphasized.The second part mainly discusses the general theory of the constitutional protection of the rights of the accused.This paper expounds the definition of criminal accused person and the right of criminal accused person,and lists the nature characteristics of criminal accused person's right.In addition,it introduces the connotation characteristics of the constitutional protection of the rights of the criminal prosecution,which provides the value support for the later discussion on the constitutional protection of the rights of the criminal prosecution.The third part is mainly about the research and comparison of the constitutional protection of the rights of the criminal prosecution.The constitutional provisions of the United States,Britain and Germany are specifically listed.Then,this paper summarizes the characteristics and puts forward the specific contents of the constitutional rights of the criminal prosecution by summing up the commonalities.The fourth part analyzes the current situation of the protection of the criminal accused person's rights under the Constitution and law of our country at present,summarizes the problems existing in the constitutional guarantee of the criminal accused person's right in the appearing stage,and finds out the causes of the problem.Some suggestions are put forward from the following aspects:strengthening the consciousness of protecting the human rights of the criminal prosecution and enriching the content of the right of the criminal accused in the current constitution.