浅论侦查程序中的人权保障

On the Human Rights in the Investigation Procedure

2004年3月14日,"人权"作为一项基本权利被写入宪法。近年来,人权一词越来越多地被人们引用。人权作为人之为人的基本权利,逐渐受到人们的重视。在传统法律思想中,人们对犯罪嫌疑人采取绝对的镇压、打击的态度,从刑法本身的严厉性来讲,要在侦查程序和刑事诉讼程序中保障犯罪嫌疑人的人权更是难上加难。当今中国社会中,尽管执法思想已经发生了根本性转变,但在实践中仍然大量存在刑讯逼供等蔑视犯罪嫌疑人人权的行为。分析我国现行刑事法律制度中的问题,找出人权保障缺失的原因,进而提出合理对策,对我国建立更加完善、合理的刑事侦查制度,维护当事人的合法权益有重要意义。

On March 14th, 2004, ＂Human rights＂ was written into the Constitution as fundamental rights. In recent years, the term ＂Human rights＂ has been frequently quoted by people. And people gradually come to realize the importance of ＂human rights＂, the basic rights of human beings. In traditional thoughts of law, people had shown repressive attitudes towards the suspects, in terms of the severity of the criminal law itself, it becomes even harder to protect human rights in the procedure of investigation and legal proceedings. In contemporary Chinese society, even though the thoughts of enforcement have changed thoroughly, in practice, there are still many actions that show contempt for suspects＇ human rights such as torture by the police during interrogation. Analyzing the problems of China＇ s current criminal law system, finding out the reasons for lack of protection of human rights, and then proposing reasonable measures have an important significance in the establishment of a more comprehensive and rational criminal investigation system and the maintenance of the legitimate rights and interests of parties.