On the protection of the rights of criminal suspects investigation stage
|Keywords||the course of investigation the (criminal) suspect right protection|
The suspect’s right refers to all the rights provided by law, which the suspect enjoys in criminal procedure. Its content is based on human rights, and is expanding continuously with the constant development of the content of human rights.The existence and development of the concept of human rights come from the most essential needs of mankind, namely survival and development. Two most basic needs for the survival and development of human being are freedom and order. Freedom and order are the ultimate value of the highest level in legal system including the value system of criminal investigation. The goal of value of the investigation procedure lies in the guarantee of freedom and order that people need in accordance with the law. The purpose of investigation procedure is to control crimes and protect human rights. During the course of investigation, the possibility that judicature infringes the suspect’s right is greater, in other words, the difficulty in right protection is greater. This means that the guarantee of the suspect’s right during the criminal procedure is a difficult point for the guarantee of human rights in the course of the criminal proceeding, therefore it should become the core and key point in the guarantee of human rights during criminal proceeding.We should use the advanced foreign experience for reference by linking with the actual conditions of our country, and strengthen the protection of the suspect’s right during the course of investigation in the criminal procedure of our country by implementing the muteness system limitedly, establishing the elimination rules for illegally obtained evidence and strengthening the functional role of the lawyer as the focal point during the course of investigation.