刑事侦查中犯罪嫌疑人人权保障研究

A Study on the Safeguard of Suspects' Human Rights in Criminal Investigation

最新的《宪法修正案》明确了我国尊重和保障人权的立场,党的十六大报告提出了完善诉讼程序保障公民和法人的合法权益的主张。侦查阶段对犯罪嫌疑人人权的保障尤为引人注目。充分认识保障犯罪嫌疑人人权的重要性,客观分析我国侦查阶段犯罪嫌疑人人权保障的现状,既应看到立法与司法实践方面的长足发展与进步,也应看到其中仍存在刑讯逼供、超期羁押等严重问题,对此,我们应认真分析原因,并在此基础上进一步探讨解决问题的途径。

The latest Constitution Amendments states clearly the Chinese government standpoint of respecting and protecting human rights. It has been written in the report of the 16th party congress to perfect the litigant proceeding so as to protect the legitimate rights and interests of citizens and juridical persons. The safeguard of suspects' human rights in the phase of criminal investigation has therefore come to focus. In order to obtain a full awareness of its significance and its present situation in China, one has to see both the big progress in the practice of legislation and law enforcement and the serious problems during the investigation such as inquisition by torture and overdetainment. What's more, only by doing a profound analysis of the cause can one find the way out.