论侦查阶段在押犯罪嫌疑人权利的保障

发布时间：2018-04-28 09:48

本文选题：人权 + 侦查阶段　；参考：《湖南师范大学》2014年硕士论文

【摘要】：侦查阶段中在押犯罪嫌疑人因其自由被侦查机关剥夺,处于相对比较弱势的地位,其权利极易受到强大的公权力的侵害,所以加大对在押犯罪嫌疑人权利的保护成为人权保护的重中之重。我国致力于建设法治国家,进一步加强与国际的接轨,在努力发展国家经济的同时也越来越关注民生,加大对弱势群体的保护,尤其是在加强对犯罪嫌疑人权利保障方面取得了长足的进步。具体体现在刑事诉讼法的两次大的修改方面。我国刑事诉讼立法中已越来越注重对犯罪嫌疑人权利的保护,制定了许多有利于保障犯罪嫌疑人权利的规范,如新修的刑事诉讼法首次规定了沉默权、秘密拘留和逮捕等。虽然加大了对犯罪嫌疑人权利的保障,但仍与国际标准存在一些差距。文中主要从对保护的权利范围、侦查阶段、在押犯罪嫌疑人所涉及的基本概念进行厘定,对必要性进行分析,明确侦查阶段对在押犯罪嫌疑人权利保障的意义；对域外关于沉默权、律师在场权及侦查阶段强制措施比较分析,抽象出我国立法设计的价值取向与立法建构可借鉴之处；再反思我国存在的刑讯逼供屡禁不止、羁押性强制措施的滥用等现状,抽象其背后的原因并予以重视,进一步修改和完善,如改革我国侦押一体制度、建立严格的司法审查制度、扩大律师在侦查阶段的参与度,并赋予侦查阶段辩护律师的调查取证权,进一步增强律师在侦查阶段的制衡作用,完善侦查阶段在押犯罪嫌疑人的告知权、知情权,加大其寻求申诉、控告、申请复议等公力救济的途径。本文以新刑事诉讼法修改为背景结合我国关于侦查阶段在押犯罪嫌疑人权利的保护的相关理论拟进行深入分析与研究,尝试为完善我国侦查阶段对犯罪嫌疑人权利保障提出建设性的路径选择。
[Abstract]:In the investigation stage, the criminal suspects in custody are deprived of their freedom by the investigative organs and are in a relatively weak position. Their rights are easily infringed by the powerful public power. Therefore, increasing the protection of the rights of suspects in custody has become the most important protection of human rights. China is committed to building a country governed by the rule of law, further strengthening its integration with the international community, making efforts to develop the national economy and paying more and more attention to the people's livelihood and increasing the protection of vulnerable groups. In particular, great progress has been made in strengthening the protection of the rights of criminal suspects. Concretely manifests in the criminal procedure law two big revision aspect. In our criminal procedure legislation, more and more attention has been paid to the protection of the rights of criminal suspects, and many norms have been formulated to protect the rights of criminal suspects, such as the right to silence, secret detention and arrest, as stipulated for the first time in the new Criminal procedure Law. Although the protection of the rights of criminal suspects has been strengthened, there are still some gaps with international standards. In this paper, the scope of the right to protection, the investigation stage, the basic concepts involved in the suspects in custody are determined, the necessity is analyzed, and the significance of the protection of the rights of the suspects in custody at the investigation stage is clarified. The comparative analysis of the right to silence, the right of lawyers to be present and the compulsory measures in the investigation stage, the author abstracts the value orientation of the legislative design and the legislative construction of our country, and then reflects on the repeated prohibition of extorting confessions by torture in our country. The current situation of abuse of compulsory measures of custody, abstracting the reasons behind it and paying attention to it, is further revised and perfected, such as reforming the system of investigation and custody in our country, establishing a strict judicial review system, and expanding the participation of lawyers in the investigation stage. It also gives defense counsel the right to investigate and collect evidence in the investigation stage, further strengthens the check and balance role of the lawyer in the investigation stage, consummates the right of informing the suspect in custody in the investigation stage, the right to know, and increases his right to seek complaints and charges. Application for reconsideration and other means of public relief. Based on the revision of the new criminal procedure law and the relevant theories about the protection of the rights of the suspects in custody in the investigation stage, this paper intends to conduct in-depth analysis and research. This paper tries to put forward constructive path choice to improve the protection of criminal suspects' rights at the stage of investigation in our country.
【学位授予单位】：湖南师范大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2

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