犯罪嫌疑人的人权保障研究
发布时间：2019-03-15 14:37
【摘要】：古时,为了建立正常的社会秩序,维护统治阶级的既得利益,刑事诉讼应运而生。可以说,刑事诉讼法最初的诞生是一个阶级统治另一阶级的需要,其本源是为惩罚犯罪,这一点在我国的法制史上体现地更为明显。工业文明的发展壮大,促使个人的权利意识不断提高,在对公民个人人身权利、自由权利影响最为密切的刑事诉讼领域,保护个体权利的呼声日益高涨。从《人权宣言》等重要宪法文件开始,经过近两百年的奋斗和呼吁,人权保障最终成为刑事诉讼法的核心理念。国际社会对人权保障特别是对犯罪嫌疑人、被告人的人权保障已然具有共识,文明国家的刑事诉讼法均是以人权保障为重点内容。尊重和保障人权被明文规定在宪法之中,体现出公众对人权保障的强烈要求,立法对人权保障的高度重视。刑事诉讼法是犯罪嫌疑人的权利保障法,必然高度重视人权保障。司法程序中的人权保障是当前人权保障的重点环节,而侦查过程中对犯罪嫌疑人的人权保障是重中之重,更需要引起相关部门的高度重视。但是受传统追诉犯罪观念的影响,我国侦查机关往往只偏重查出案件的结果,容易造成偏重于惩罚犯罪而侵犯犯罪嫌疑人的人权。司法权力机关拥有绝对和广泛的权力,再强大的犯罪嫌疑人在其面前显得极其渺小,难以也不可能与司法机关相抗衡。我们必须充分意识到保障犯罪嫌疑人人权的重要性,既要看到在人权保障方面取得的重大进步,也要客观清醒的认识到在司法实践中,仍存在一些侵犯人权的现象,比如超期羁押、刑讯逼供、殴打、虐待犯罪嫌疑人、非法搜查、查封等,对此,我们应认真总结经验,不断提高相关立法,完善司法机制,不断建立健全对犯罪嫌疑人的人权保障。 本文共分为四个部分：第一部分介绍人权的形成和发展,揭示人权保障具有悠久的历史,并分别阐述了人权和侦查程序中犯罪嫌疑人人权的基本概念。接着分析了刑事诉讼的目的和价值,其与犯罪嫌疑人人权保障的关系,指明在刑事侦查程序中犯罪嫌疑人人权保障的重要性。第二部分阐述了英美法系和大陆法系在人权保障模式方面的相同和不同之处,分析两大法系的可借鉴部分,最后总结了两大法系对中国人权保障模式的现实意义。第三部分立足我国刑事侦查程序中犯罪嫌疑人人权保障的现状及问题,深层次分析了具体原因。第四部分提出完善犯罪嫌疑人人权保障的一些合理化意见和建议。如赋予犯罪嫌疑人真正的沉默权；建立严格的监督机制,建立司法审查机制等,通过一系列的措施来切实加强对犯罪嫌疑人的人权保障,最终实现社会主义和谐社会。
[Abstract]:In ancient times, in order to establish a normal social order and safeguard the vested interests of the ruling class, criminal proceedings emerged as the times require. It can be said that the birth of criminal procedure law was the need of one class to rule another class, and its origin is to punish the crime, which is more obvious in the legal history of our country. With the development of industrial civilization, the awareness of individual rights has been constantly improved. In the field of criminal procedure which has the closest influence on the personal rights and freedom rights of citizens, the voice of protecting individual rights has become louder and louder. Since the Declaration of Human Rights and other important constitutional documents, after nearly 200 years of struggle and appeal, the protection of human rights has finally become the core concept of the Code of Criminal procedure. The international community has reached a consensus on the protection of human rights, especially for suspects and defendants. The criminal procedure law of civilized countries focuses on the protection of human rights. The respect and protection of human rights is clearly stipulated in the constitution, which reflects the strong demand of the public for the protection of human rights, and the legislation attaches great importance to the protection of human rights. Criminal procedure law is the law of protecting the rights of criminal suspects, and must attach great importance to the protection of human rights. The protection of human rights in the judicial procedure is the key link of the protection of human rights at present, and the protection of human rights of the suspects in the investigation process is the most important one, and it needs to be attached great importance to by the relevant departments. However, under the influence of the traditional concept of prosecuting crimes, our investigative organs often only focus on finding out the results of the case, which can easily result in the violation of the human rights of the suspect by emphasizing the punishment of the crime. Judicial power organs have absolute and broad powers, no matter how powerful criminal suspects appear in front of them, it is difficult and impossible to compete with the judicial organs. We must be fully aware of the importance of protecting the human rights of criminal suspects, not only to see the significant progress made in the protection of human rights, but also to realize objectively and soberly that there are still some violations of human rights in judicial practice, For example, prolonged detention, extortion of confessions by torture, beatings, mistreatment of criminal suspects, illegal searches, seizure, etc., in this regard, we should conscientiously sum up our experience, constantly improve relevant legislation, and improve the judicial mechanism. We will continue to establish and improve the protection of human rights for criminal suspects. This paper is divided into four parts: the first part introduces the formation and development of human rights, reveals the long history of human rights protection, and expounds the basic concepts of human rights and criminal suspects' human rights in human rights and investigation procedures respectively. Then it analyzes the purpose and value of criminal procedure, its relationship with the human rights protection of criminal suspects, and points out the importance of human rights protection of criminal suspects in the criminal investigation procedure. The second part expounds the similarities and differences between the Anglo-American law system and the civil law system in the aspect of the human rights protection model, analyzes the reference parts of the two law systems, and finally summarizes the practical significance of the two legal systems to the human rights protection model in China. The third part is based on the current situation and problems of human rights protection of criminal suspects in the criminal investigation procedure of our country, and deeply analyzes the specific reasons. The fourth part puts forward some reasonable opinions and suggestions to perfect the human rights protection of criminal suspects. Such as giving the suspect a real right of silence, establishing a strict supervision mechanism, establishing a judicial review mechanism, and so on, through a series of measures to effectively strengthen the human rights protection of criminal suspects, and finally achieve a socialist harmonious society.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2440716
[Abstract]:In ancient times, in order to establish a normal social order and safeguard the vested interests of the ruling class, criminal proceedings emerged as the times require. It can be said that the birth of criminal procedure law was the need of one class to rule another class, and its origin is to punish the crime, which is more obvious in the legal history of our country. With the development of industrial civilization, the awareness of individual rights has been constantly improved. In the field of criminal procedure which has the closest influence on the personal rights and freedom rights of citizens, the voice of protecting individual rights has become louder and louder. Since the Declaration of Human Rights and other important constitutional documents, after nearly 200 years of struggle and appeal, the protection of human rights has finally become the core concept of the Code of Criminal procedure. The international community has reached a consensus on the protection of human rights, especially for suspects and defendants. The criminal procedure law of civilized countries focuses on the protection of human rights. The respect and protection of human rights is clearly stipulated in the constitution, which reflects the strong demand of the public for the protection of human rights, and the legislation attaches great importance to the protection of human rights. Criminal procedure law is the law of protecting the rights of criminal suspects, and must attach great importance to the protection of human rights. The protection of human rights in the judicial procedure is the key link of the protection of human rights at present, and the protection of human rights of the suspects in the investigation process is the most important one, and it needs to be attached great importance to by the relevant departments. However, under the influence of the traditional concept of prosecuting crimes, our investigative organs often only focus on finding out the results of the case, which can easily result in the violation of the human rights of the suspect by emphasizing the punishment of the crime. Judicial power organs have absolute and broad powers, no matter how powerful criminal suspects appear in front of them, it is difficult and impossible to compete with the judicial organs. We must be fully aware of the importance of protecting the human rights of criminal suspects, not only to see the significant progress made in the protection of human rights, but also to realize objectively and soberly that there are still some violations of human rights in judicial practice, For example, prolonged detention, extortion of confessions by torture, beatings, mistreatment of criminal suspects, illegal searches, seizure, etc., in this regard, we should conscientiously sum up our experience, constantly improve relevant legislation, and improve the judicial mechanism. We will continue to establish and improve the protection of human rights for criminal suspects. This paper is divided into four parts: the first part introduces the formation and development of human rights, reveals the long history of human rights protection, and expounds the basic concepts of human rights and criminal suspects' human rights in human rights and investigation procedures respectively. Then it analyzes the purpose and value of criminal procedure, its relationship with the human rights protection of criminal suspects, and points out the importance of human rights protection of criminal suspects in the criminal investigation procedure. The second part expounds the similarities and differences between the Anglo-American law system and the civil law system in the aspect of the human rights protection model, analyzes the reference parts of the two law systems, and finally summarizes the practical significance of the two legal systems to the human rights protection model in China. The third part is based on the current situation and problems of human rights protection of criminal suspects in the criminal investigation procedure of our country, and deeply analyzes the specific reasons. The fourth part puts forward some reasonable opinions and suggestions to perfect the human rights protection of criminal suspects. Such as giving the suspect a real right of silence, establishing a strict supervision mechanism, establishing a judicial review mechanism, and so on, through a series of measures to effectively strengthen the human rights protection of criminal suspects, and finally achieve a socialist harmonious society.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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