On The Criminal Protection Of The Human Rights Of Criminal Suspects In Pre-trial Procedures

Based on the analysis of the fact that in the pre-trial proceedings much more emphasis is laid on the implementationof state power than on the safeguarding of the accuseds rights, the author in this thesis expounds some signficant problems underlying the fact and put forward his resolution, with a view to make the safeguarding of the accuseds rights on a part with the development of human rights in the world.Besides an introduction, there are three parts in this thesis-the quo status and perfection of safeguarding of the accused's rights in investigation, the quo status and perfection of safeguarding of the accuseds rights in indictment and the convertion of notions on the value of criminal proceedings. The thesis is about 29000 words long.Introduction, in this part the author briefly introductions the importance and urgency of safeguarding the accuseSs rights in criminal proceedings especially in investigation and indictment.Part 1 the quo status and perfection of safeguarding the Accused's rights in Investigation. Comparing the legislation on safeguarding the accuseds rights of china with that of Anglo-American law and concerned international criminal proceedings, the author brings up some significant problems in the concerned legislation of china such as the lack of ineffective judicial control over compelling force invested with the investigating organs and the limited scope for lawyers participation in criminal proceedings. Responding to these problems, the author draws on the popular and effective, practice abroad and puts forward his resolution including establishing the mechanism of judicial review. On the investigation and the detainment, and enlarging the scope for lawyers participation in criminal proceedings. These resolutions are intended for avoidingthe abuse of compelling force and safeguarding the accuse& rights.Part 2 the quo status and perfection of safeguarding the Accused's Rights in indictment. Based on the stipulations on safeguarding the accuseds right in indictment, the author expounds the main problems in this stage-the public prosecutions are monopolized by the procurators; the standards of starting an indictment are not specified and too much limitations on the rights of the accused's lawyers. Responding to these problems, the author puts forward three main measures. First establishing the mechanism of pre-review on the indictment to prevent the abuse of starting an indictment by the procurators; Second, perfecting the stardards of starting an indictment to avoid the arbitrary indictment; Third, investing more rights with the accuseds lawyers to be of help in the rights of the accused as much as possible.Part 3 Convertion of Notions on the Valve of Criminal proceedings and practically safeguirding the Accused's rights.Based oft the analysis of the above two parts, the author points out that only corresponding measures in legislation are inadequate for safeguarding the accuseds rights in criminal proceedings. A correct understanding and choice on the underlying value of criminal proceedings梩he value of safeguarding human rights are indispensable.