Investigation of corruption is one of the important duties of procuratorial organs, which is also the component of the fight against corruption in our country. How to keep the balance between the protection of civil rights and the fair procedure to offenders is always a cordial puzzle for theorists, also in the judicial practice. Refer to the standards of the international human rights, this essay is aimed at the illegal acts which infringe on the civil rights of suspects in the corruption investigation. Three parts are included:Part I the survey of protection of civil rights to suspects in corruption investigationAfter making introduction to the concept of corruption investigation, the characteristics of corruption investigation are discussed. Fatherly, the basic civil rights of suspects including the rights to the procedure are discussed. The importance and necessity of protection on suspects is furtherly emphasized for harmonious society structure, the improvement process of governing country according to law and the fair justice.Part II Detailed reality of protection of defendants in corruption investigationMain kinds of infringements on defendant's rights have been detailed and the main reason also set forth such as historic, statue, model of procedure, investigation measure and requirements of combating crimes etc. The author try to make investigators to realize how it is important to observe all rules of providing safeguards for protection to the legal rights of defendants .Part III Improvement of the system of protection on defendants'civil rights in corruption investigationThis is crucial part of this essay. In order to protect the legal rights of defendants, the proper and the modern ideas such as human rights, due process, efficient evident and undue investigation behavior resulted related duties etc. should be established.The law should be implemented is one of the basic and prerequisite requirements for protection to the defendant's legal rights. The statues provided to protection of defendant's legal rights should be improved, such as the privilege to be innocent of the accused, the defense lawyer be endowed with related defense rights in investigation, the defense attorney be in scene when interrogation being taken. All of these regulations are legal safeguards to prevent infringements from being conducted on the accused legal rights. Fatherly, making the process of corruption investigation get into more regulated is other important and available step to confine investigator committing illegal acts. The model of investigation should be changed from the testified-evidence to evidence-testified. The guidelines which will give more attention to the quantities and good effects but for qualities on improving the corruption investigation should be issued. The ultimate end is to reduce and prevent illegal acts infringed upon the accused legal rights being conducted. Endow the procuratorial organs with authority of taking technique skills in corruption investigation is one of the pressing problems. The other effective measures of preventing illegal acts on account of inferior investigation is to improve investigators'ability of discovering corruption crime, of conducting initial investigation successfully, of conducting interrogation successfully and the ability of obtaining evidence.The supervision over corruption investigation should be given more emphasized. The supervision from the upper level organs over the subordinate ones should be strengthened, and also the investigation supervision department, the public prosecution department, the disciplinary department and people supervisor should be given equal attention so as to reduce the possibility that the acts of infringements on the accused legal rights committed.Making recording and videos when interrogated being conducted is one of the most effective measures to prevent and reduce illegal acts. The recording and videos can be made objectively and extensively is very important. We should sustain the rule of lawful process, the secret being strictly kept and objective views being taken and the reality being respected when we conduct investigation. |