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On Perfect the Suspect’s Human Rights of China

Author: LiWei
Tutor: YuMingYong
School: Guangdong College of Commerce
Course: Constitutional and Administrative Law
Keywords: Suspects Human rights protection Constitutional rights Presumption of innocence Due process
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 72
Quote: 0
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Abstract


Protection of human rights is an eternal topic in the constitutional theory. Although from a global perspective, the constitutional protection of human rights is not a new topic in the constitutional theory, however, in China ,the recovery and deeply research on the human rights awareness, especially on a special group, aroused only in recent decades. Even though, our theoretical research in this field still has achieved many accomplishments for all can saw, such as the protection of human rights written in our Constitution.However, there have been many real case which blatant violate human rights in the judicial practice, such as "hide and seek" case, "Sun Zhigang" case, "SHE xianglin "case etc, these cases which exposured by the well-developed network of media had a very bad influence in the community .It also aroused me to rethink’human rights protection concerns of suspects ,a special group. Protecting the rights of suspects is a touchstone of a country for the human rights protection. The rights of suspects whether can be protected effectively, and the extent of the right content, has becomed the measure criteria of a country’s civilization .Based on this, the paper discusses this issue by three chapters. The first chapter, from the suspect’s human rights protection basic theory, defined the concept of the suspects , then briefly reviewed the development of human rights on the common history and characteristics. Then discussed the importance of protection of human rights of suspects. Meanwhile, pointed out that the protection of human rights of suspects can reflect the degree of protection of human rights situation in the whole country .ChapterⅡ, Comparative analysed the international conventions and current legislation norms relating to protection of human rights suspect of China. Pointed out the gap existing legislation and international conventions. analysed the gap reason, from the concept, legislation and systems level and prepared the next step for the thesis.ChapterⅢ, pointed out the way of improve protection of the rights of suspects:to amend the constitution and related legislation, practice Judicial in the implementation of related system.

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