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

On the protection of human rights of suspects in criminal pretrial procedure

Author CaoDi
Tutor SunChangYong
School Southwest University of Political Science
Course Legal
Keywords Suspects Protection of human rights Pre-trial procedures The value of the Criminal International Criminal Justice Standards Investigation stage The status of the subject of proceedings Effectively protect the Mandatory punishment Correct choice
CLC D925.2
Type Master's thesis
Year 2002
Downloads 250
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The basic idea of ​​this paper is: less focus on China's criminal pretrial procedure more emphasis on the use of state power in the legislative and judicial protection of the rights of this important objective analysis of the facts, trying to found one of the most major, with a view to taking appropriate measures to further improve our level of protection of the human rights of suspects in criminal pretrial procedure, as far as possible, consistent with the level of the world's human rights development. By the preface and the first part of the investigation stage suspects the protection of human rights in the status quo and improve the status and improvement of the second part of the prosecution phase of the protection of human rights of criminal suspects, the third part of the correct choice of values ​​and ideals of the criminal proceedings, effectively protect the human rights of suspects three parts. Where the first part and the second part is, the main problem, in accordance with the legislation to protect and improve measures to complete the program. The full text of about 38,000 words. Preface part, a brief introduction to the importance of the protection of human rights in the criminal proceedings, in particular the protection of human rights of the suspects in pre-trial procedures is particularly important and urgent. Author will firmly grasp the two stages of the investigation and prosecution, and participate in person - the suspect as the study of the human rights protection around the two most important stage of the litigation. The first part: the protection of human rights in the investigation stage of criminal fine silk suspect status and improvement. This part of criminal proceedings start of the safeguards of suspects in the legislation as the basis of the theory of separation of powers and checks and balances, procedural justice, the protection of the rights and remedies of International Criminal Justice Standards, the United States, Britain, France and other major countries in the field of human rights protection legislation compared to identify our country in the protection of human rights in the investigation stage there are still a major problem: the compulsory disposal of the investigative organs lack of effective judicial control, pre-trial custody of the lack of censorship, criminal suspects subject of litigation status narrow range of prominent lawyers involved in litigation against these specific issues, at the same time, learn from foreign more prevalent and effective practice, the appropriate measures to solve problems or ideas. First, the establishment of control mechanisms of the investigation of judicial review, so that state power - the investigation organs of compulsory disposal subject to certain constraints, changing from the judicial status of the review and supervision to prevent abuse of coercive measures, as much as possible to protect the suspects, especially inviolability of the personal freedom of innocent people; is to establish custody censorship to China's detention system more democratic as possible to short-term, to prevent the extended detention, the detention period for suspects of the crime of fine silk; established suspect subject of litigation status; Fourth expand the scope of the lawyers involved in litigation, in order to fully protect the litigation rights of criminal suspects, and thus effectively improve the level of protection of human rights of the suspects. Part II: the present situation and perfection of the prosecution phase of the protection of human rights of criminal suspects. Noon with the first part, this part of the ring is the first description of the prosecution phase in China, guilty of the flap suspect everyone negligent barrier legislative measures, and then expounded the organs in the main problem in this order: First, pick Sunburn hospital arrogate prosecution right from judicial review; prosecute standards are not tanks; defense counsel chat by too many restrictions. Combined with the actual situation of the foreign experience with domestic reform touch carbon for the above asked: First, the establishment of a butterfly prequalification system, to mechanical rights abuse to restrict check tangled authorities to prevent that does not comply with the case of prosecution farming u is no gate, no reason pus v. the case to the Court of Justice; finished Lai v. Standard can be relentless, so that the prosecution Ying limit its arbitrariness; give defense lawyers more complete lazy: questioned in the presence of the right, the right to investigate and collect evidence. The scoring right certificate Han discretionary litigation in order to maximize the protection of suspects gate. Part III: the correct choice of the values ​​of the Criminal effectively protect the guilty flap .... This one sink in the previous investigation stage and the prosecution stage analysis of the cut the throat of the barrier to suspect everyone recognized that to further improve and perfect the human barrier of the suspects in pre-trial proceedings, only a necessary means of leaching (Legislative Shuo chat should be supporting measures, such as throwing perfect measures) in the investigation and prosecution stage is not enough, you must also do the following: First, a correct understanding of the criminal complaint read, lazy u its internal organs that age support significance the internal organs of the protection of human rights; correctly select the values ​​of the criminal proceedings, only can make the right the tick guess a correct understanding of the value of the Criminal pus gingival fight against crime: in charge fear barrier Human Rights tick persuade cricket. Therefore, To effectively protect human rights, the only way to change the values ​​of the criminal proceedings, in order to observe exhausted to guide practice, improve legislation.

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