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Research On The Protection Of The Rights Of Criminal Suspects In Investigation Procedures

Posted on:2022-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:S LiangFull Text:PDF
GTID:2506306602969749Subject:Master of law
Abstract/Summary:PDF Full Text Request
With the continuous advancement of China’s comprehensive rule of law and comprehensive deepening of reform,the issue of human rights protection is more and more concerned by the state and the people.The people’s livelihood is the major plan of the country.In the period of the new normal economy,China’s comprehensive national strength is constantly improving,and at the same time,it pays more attention to protecting the basic people’s livelihood and social stability.Gradually enhance the protection awareness of vulnerable groups.In the process of investigation,the suspect is always in the controlled party.His personal freedom is greatly restricted.His personal rights are also easily violated.His own power alone can not compete with the judiciary with broad public power.To strengthen and perfect the protection of the suspect’s rights in the criminal investigation procedure is the inevitable requirement for the overall rule of law,the rule of law and the rule of law society.Human rights protection is one of the core concepts of criminal procedure law.Although China has formulated many legal norms to strengthen the protection of suspect rights in the process of criminal procedure law,the phenomenon of human rights violation of suspect in practice still occurs frequently in the practice of traditional prosecution.In particular,the appearance of the unjust and false cases such as hujille tu and nianbin has aroused wide attention and discussion from all walks of life.Although extended custody / extorting a confession by torture / obtaining evidence by violence have long been prohibited by the criminal procedure legislation,the implementation is not ideal in the actual investigation procedure.As a result,its actual litigation value will be difficult to realize.This article is to analyze the suspect’s rights protection from the definition of the suspect’s rights in the criminal investigation stage and the scope of the suspect’s rights.By studying the protection of suspect’s rights in China’s and foreign investigation procedures,we reflect on the problems of the protection of suspect’s rights in China’s judicial practice.On the basis of referring to foreign criminal procedure legislation,this paper puts practical ideas and This article is to study the rights protection of suspect in four aspects.The first is: simply explain the characteristics,the emergence and development of the suspect’s rights,and their legal value in the process of investigation.Secondly,it is enlightened from the comparison of the legislation of the suspect’s right protection system in the process of investigation at home and abroad.Then it analyzes the problems and reasons in the legislation of criminal procedure.Finally,on the basis of the summary of the research,practical suggestions.The research background of this topic is in the context of human rights protection,which has a good research prospect.However,in our judicial practice,the comprehensive promotion of the suspect’s rights protection is still a long way to go.To unremittingly analyze the legal status of the suspect’s suspect,clarify the theoretical misunderstanding,and promote the understanding and recognition of the rights of the suspect,we must unswervingly explore and study in order to constantly improve the institutional construction.
Keywords/Search Tags:investigation stage, human rights guarantee, suspect
PDF Full Text Request
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