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Protection of human rights of the public security authorities suspect research stage of Criminal Investigation

Author: ZhaoFang
Tutor: MoJiHong
School: Graduate School of the Chinese Academy of Social Sciences
Course: Legal
Keywords: the Public Security Agency Criminal Investigation Criminal Suspect Human Rights Protection
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 211
Quote: 0
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Abstract


It is very significant for legal construction and judicatory practice in our country to intensify research on guaranteeing the criminal suspect’s human rights in time of investigation of public security agency. After the modification of Criminal Procedure Law of China in 1996, the system of protecting the criminal suspect’human rights in time of investigation of public security agency has had an obvious progress. However, the public has been dissatisfied with the case of the system of protecting the suspect’s human rights because of lack of protection of the suspect’s rights and occurrence of malignant affairs appeared repeatedly these years which became a little bit hot affairs of the social extensive concern. In this process, the issues have had a negative influence on the figure of judicial agency and protection of the suspect’s human rights .When reading some cases concerning the policeman caused a serious damage on the suspect, the author goes into deep consideration on the reason why such things could have happened. In essence, the relation between the public security agency and the suspect reflects the link between the government and the individual citizen. In the stage of investigation, the public security agency possesses more power to investigate without any proper supervision and check and balance. Imbalance between the power to investigation and the suspect’s human rights is the main reason why the suspect’s rights have been violated again. In the aspect of intensifying protection of the suspect’s human rights, the effective method not only depends on improving the legal conscience of the policeman but also relies on observing the legal principle of supervising the power by the power. From the standpoint of researching the issues of protecting the suspect’s human rights, the author in this essay goes through the situation and reason of protecting the suspect’s rights and proposes some suggestions about improving protection of the suspect’s human rights, ,in particular, how to make effective use of the power to secret investigation. The author expects the social concern on protection of the suspect’s human rights in time of investigation of the public security agency in order to promote institutional construction of protecting the suspect’s human rights for the sake of extremely resolving the problem of compulsory confession by force and custody beyond expire or in improper manner.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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