System Improvement On The Guarantee Of The Rights Of Criminal Suspects In China

It is a important reflect for human rights protection in the criminal procedure to protect the suspects' rights. It is a fundamental meaning of justice. Also,it is one of the primary aims of criminal procedure. It not only influences heavily suspects and their relatives, but also influences the national justice and national judicial efficiency. There is great gap between the suspects' rights protection of our country and that of the western countries, and there is greater gap between the suspects' rights protection of our country and the lowest standard of some relevant conventions. This gap reflects the insufficient in the suspects' rights protection of our country. The main insufficient protection embodies as below: no principle of human rights protection, the incomplete innocent principle, no silence right, lawyer being not present when interrogation, being not strict with the judicial review of the enforcement measure, no separation system between investigation and look-up, no efficient system of remedy measure. In practice, it embodies as below: widespread illegal obtain evidence through extorting a confession by torture, custody measure deviating the principle of necessity, being serious in illegal custody after expiry, abuse one's power of search and detention. The reasons of above-mentioned problems are investigating structure of powerful power and the influence of traditional idea and Chinese culture in the criminal procedure. We have to better the rights protection system of our suspects because it is weak, frail and important. Thus, we must carry out the innocent principle completely, better the enforcement measure.(including establishes a judicial control system of enforcement measure, a separation system between investigation and look-up, builds the percentage of applying enforcement measure or principle of suitability, enlarges the applying scope of undertaking recognizance upon bail and living at home under surveillance, betters the system of interrogating suspect(including establishes a silence system, builds a informing procedure of rights, makes the help right of lawyer come true, makes clear which is illegal interrogation and stipulates the time, place and condition of interrogation, betters the system of suspects' appeal and complain (including makes clear the object, ruling subject, activity rule of appeal and complain).