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Human Rights Guarantee of the Suspect in Investigation Stage

Author: Mou
Tutor: ZhouGuiDang
School: Lanzhou University
Course: Legal
Keywords: Human rights Protection of human rights Investigation stage Protection of human rights of the suspects
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 157
Quote: 0
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Abstract


The purpose of the Code of Criminal Procedure punishment of crime to ensure the implementation of the criminal law. A long time, in judicial practice, an excessive emphasis on the tools of the Code of Criminal Procedure to the neglect of the protection of the rights of suspects involved. Discover the truth, and the punishment of crime is an important task of the criminal proceedings, but it will not allow people to do anything, do not ask the right and wrong way to find the truth no matter the cost. China's legislative and judicial punishment of crime and the protection of human rights did not give equal emphasis. In judicial practice the phenomenon often infringe on the rights of criminal suspects. Protection of human rights is a modern criminal procedure reform and improve the topic, expand the clues and basic guiding ideology. The civilization of modern criminal procedure epitomizes the recognition and protection of basic human rights, the protection of human rights has become the consensus of all countries in the field of criminal justice. China's Criminal Procedure Law of the modifications in 1996 is an important milestone in the history of the development of the Criminal Procedural System, embodies the spirit of the Chinese Criminal Procedure Law of the punishment of crime and the protection of human rights both to promote the democratization of the purpose of the criminal proceedings and scientific the degree. \In this paper, the analysis of the case, leads the judicial practice of the lack of prosecution of human rights protection, and legal issues triggered by combining the theoretical point of view, on the protection of human rights of individuals in the course of criminal proceedings in the protection of human rights of criminal suspects point of view. I believe that the right to the representation of the interests in the legal, only fully protect the rights of suspects in litigation, in order to fully reflect the interests of criminal suspects in order to achieve the greatest degree of litigation purposes. In judicial practice, however, due to the long-term level, the privilege, the presumption of guilt, torture and other undemocratic feudal despotism thought of the dialectical relationship of the criminal proceedings and the protection of human rights are often ignored, criminal proceedings are regarded as criminal tools, The suspects become the object of lawsuits, criminal proceedings for human rights protection functions are extremely limited. Of the Code of Criminal Procedure, high inspection rules laws and regulations of the suspect, the defendant in the investigation and prosecution, and the trial stage, the relatively investigation stage the protection of human rights of the suspects and sometimes is blank. \Our judicial staff should follow up the implementation of the spirit of the Constitution, maintaining the height of the authority of the Constitution to recognize the importance of the protection of human rights of the Criminal suspects should be fully aware of the purpose of maintaining the Code of Criminal Procedure of the individual rights and freedoms of the suspect complementary, in the punishment of crime and the protection of human rights, substantive justice and procedural fairness, impartiality and efficiency, as well as based on China's national conditions and draw on the useful experience from abroad to maintain an appropriate balance between strengthening the protection of human rights of the suspects. Effectively in accordance with the law provisions on the protection of human rights of the suspects in the judicial practice in investigating activities of great importance to the rights of criminal suspects, to protect the rights of criminal suspects.

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