人权保障与《刑事诉讼法修正案》

Human Rights Protection and the Amendment of the Criminal Procedural Law

人权保障写入《刑事诉讼法修正案》具有重大的理论与现实意义。它顺应了国内与国际社会人权保障发展的要求,有助于刑事诉讼理念与价值的转变,有助于使人权保障切实落到实处,防止或减少侵犯人权情形的发生。但是,人权保障在《刑事诉讼法修正案》的体现并不彻底,在条文表述、防止刑讯逼供、保障被害人人权、强制措施设置等方面仍有些许缺憾,需要进一步予以完善。

Human rights protection is written into the Amendment of Criminal Procedural Law, which has great theo- retical and practical significance. It conforms to the present situation of human right protection at home and abroad, conduces to the change of concept about criminal procedure, and the effective implementation of human rights pro- tection, thus prevents or reduces violations of human rights. However, human rights protection is not completely em- bodied in the Amendment of Criminal Procedural Law. There are still rooms for improvement in the aspects of ex- pression in the provisions, preventing coerced confessions and torture, protection of victims＇ human rights, and com- pulsory measure establishment.