Protecting the defendant's human rights in criminal judicial practice is an important aspect of the rule of law in China, which is not only related to the progress of China's democracy and civilization, but also the embodiment of China's human rights protection cause in line with the world. However, there are many problems in protecting the defendant's human rights in our judicial practice. On the basis of clarifying the meaning of human rights and the necessity of protecting the defendant's human rights, this paper analyzes the problems existing in protecting the defendant's human rights in China and puts forward corresponding suggestions, hoping to be beneficial to the revision of the procedural law.

Paper Keywords: human rights protection of defendants in criminal proceedings

First, the significance and necessity of the defendant's human rights protection.

Reflecting, Du Fu, She Xianglin and other cases that shocked the whole country are, to a great extent, unjust, false and misjudged cases caused by the failure to protect the legitimate rights and interests of the defendants. The author believes that the necessity and importance of protecting the defendant's human rights are shown in the following aspects:

(a) The Criminal Procedure Law requires the protection of the defendant's human rights in criminal proceedings.

Punishing crime and protecting human rights are two major purposes of criminal proceedings, and the purpose of punishing crime is to better protect human rights. Because the defendant is in the special position of being prosecuted in judicial practice, from the moment he enters the litigation procedure, he will inevitably become the object of cognition and punishment by the prosecution subject and other related litigation subjects, and become the object of objectification of the litigation procedure. As state organs and their staff who enjoy certain judicial power, it is necessary to regulate, limit and restrict their judicial power in order to prevent the improper use of judicial power from causing new damage to social order. Therefore, it is necessary to strengthen the protection of the defendant's human rights, ensure that the innocent can be quickly freed from the lawsuit without criminal investigation or investigation, and minimize the possibility of unjust, false and wrong cases.

(b) Protecting the human rights of the accused is conducive to promoting the rule of law.

On the relationship between state power and civil rights, a country ruled by law requires that state power be regulated, restricted and restricted. Any deprivation or restriction of citizens' rights should have a proper legal basis and legal procedures, and the defendant should be given a wide range of litigation rights, so that he has the ability and opportunity to compete with the state litigation agencies, thus effectively resisting any illegal infringement of state power and seeking judicial relief when his rights and interests are violated. Whether the defendant's litigation rights are effectively guaranteed www. 1 1665.coM is related to whether the substantive value and procedural value of the rule of law can be truly realized. Taking the protection of human rights as an important value goal of criminal procedure leads to the continuous reform and improvement of the criminal procedure legal system and promotes the development of the criminal procedure legal system to a higher level.

Second, protect the human rights of defendants in criminal proceedings in China.

(1) Extorting confessions by torture exists within a certain range.

In the confrontation between criminal defendants and powerful countries, defendants are always in a weak position. Based on the utilitarian pursuit of finding the truth and controlling crimes, state organs will inevitably use state coercion to complete their mission, and extorting confessions by torture came into being. Although China's criminal procedure law has made a lot of efforts in relevant aspects, there are still many places worthy of revision, such as Article 93 of the Criminal Procedure Law, "... criminal suspects should truthfully answer the questions of investigators, but have the right to refuse to answer questions irrelevant to the case". However, what is the criterion for judging "truth", who will judge it and how? What is the criterion of "irrelevant to the case"? Only when these problems are clearly stipulated in the law can we avoid the subjective judgment of investigators and restrain their arbitrariness. Only in this way can we eradicate the foundation of extorting confessions by torture, punish crimes fairly and protect human rights.

(2) The litigation status of the prosecution and the defense is not equal.

The principle of equality between prosecution and defense is the response of equality thought in the field of criminal procedure law. The theory of foreign criminal procedure law is called "the principle of equality of means", that is, in principle, defendants as criminal prosecution organs should be treated equally. However, in China's judicial practice, the status of the prosecution and the defense is not equal, and the defendant is always in a weak position. Although Article 7 of the current Criminal Procedure Law stipulates: "In criminal proceedings, the people's courts, people's procuratorates and public security organs should be responsible for each other and check each other to ensure accurate and effective law enforcement." However, in practice, although the three organs of the Public Prosecution Law shouted the slogan of "division of responsibilities and mutual cooperation", it was actually three operators who proved the crime and the suspect guilty according to different functions on an assembly line. These three organs play the role of trinity and one-sided accusation.

Lawyers' right to defense is subject to many restrictions.

In China's judicial practice, lawyers' right to defense is subject to many restrictions, mainly as follows: lawyers do not have the status of defenders in the investigation stage and cannot provide effective help to criminal suspects; Lawyers are unable to obtain sufficient and effective evidence because of difficulties in obtaining evidence; Lawyers' right to meet and read papers is restricted and cannot be effectively guaranteed. For example, it is difficult for a lawyer to get permission immediately after giving an interview letter to the investigation organ. Most of them were urged by lawyers for many times, or requested for many times, and the investigation organ delayed it again and again before reluctantly signing. Whether or not cases involving state secrets are involved, the investigation organ will always send personnel to participate, and some will also make video and audio recordings, which will make it dangerous for lawyers to intervene in advance ... More importantly, the investigation organ will explain to lawyers before meeting with criminal suspects that they must not talk nonsense in front of lawyers, and what they say must be consistent with their previous statements. Some lawyers said with deep feelings that there are "three difficulties" in lawyers' criminal defense: first, it is difficult to intervene in advance; Second, it is difficult to see the defendant; Third, it is difficult to defend.

Third, suggestions on improving the criminal procedure law to protect the human rights of the accused.

(1) Further improve the exclusionary rules of illegal evidence.

The exclusion of illegal evidence involves not only various departments of criminal justice, but also defendants, defenders, even victims and witnesses, so it is necessary to handle the relationship between various departments and participants in litigation. In order to completely eliminate illegal evidence, it is necessary to establish a supervision mechanism for illegal evidence collection. First of all, we should further clarify the scope of excluding illegal evidence. First, the exclusion of illegal material evidence should be specific; Second, evidence obtained through long-term detention or deprivation of lawyers' right to meet, read documents and investigate should also be excluded. Secondly, establish an effective supervision mechanism to supervise illegal evidence collection. First, it is necessary to supervise the illegal collection of evidence by investigation organs through the supervision power of procuratorial organs. Procuratorial organs can supervise according to law by examining case materials, investigating and verifying illegal facts, putting forward opinions to correct illegal acts, or suggesting relevant departments to replace case handlers and file a case to investigate duty crimes. The second is to supervise the illegal evidence of the investigation organ through the judicial power of the court, and the basis of the court trial must be the legal and effective evidence of the investigation organ. After the prosecution by the procuratorate and before the court session, the court shall organize the prosecution and the defense to present their own evidence, and both parties shall verify the evidence. The investigation organ must send someone to appear in court for cross-examination of the disputed evidence.

(2) Give the defendant the right to silence.

The right to silence refers to the right of criminal suspects and defendants not to be forced to testify against themselves and to remain silent during interrogation and trial, and not to draw unfavorable conclusions because of silence. Although Article 46 of China's Criminal Procedure Law stipulates that "if the defendant has no confession and the evidence is really sufficient and reliable, the defendant can be found guilty and punished", it does not give the defendant the right to remain silent. Instead, it stipulates that "criminal suspects should truthfully answer the questions of investigators". Our country's investigation organs are endowed with powerful investigation power, but the criminal suspects are in a weak position. If they are not given the right to silence, the human rights of criminal suspects cannot be guaranteed, and extorting confessions by torture cannot be completely prohibited. Giving the suspect the right of silence can not only protect the human rights of the defendant, but also help to eradicate the influence of traditional presumption of guilt, effectively curb the occurrence of extorting confessions by torture, and improve the professional quality of investigators, thus truly realizing judicial justice and safeguarding human rights.

(3) Try to establish a system of people's accompanying hearing to curb extorting confessions by torture.

Jury system refers to a trial system in which the people's court forms a collegiate bench to try criminal cases, in addition to appointing judges to participate, people's jurors are also selected from the public to participate in the trial through certain democratic means, and jurors only express their opinions on factual issues.

In the investigation stage, lawyers, as defenders of criminal suspects' rights and interests, are often rejected by investigators, while democratically elected jurors are neutral and will not be refuted by both the prosecution and the defense, and can supervise the legal conduct of the trial. Therefore, it is very necessary to establish the people's accompanying hearing system to curb extorting confessions by torture. Of course, some people will say that the escort does not have professional investigation knowledge, which may affect the efficiency of interrogation. I think this problem can be solved. The people's escort can "only accompany the interrogation" or even the jury's job is just to supervise the legality and rationality of the interrogation process, just to have a look. This will not affect the efficiency of investigation and interrogation. Through the people's accompanying hearing system, the interrogation work is carried out in the sun, and the defendant's human rights are effectively guaranteed.

Four. conclusion

In short, in judicial practice, we should implement the spirit of the Constitution, maintain the height of realizing the authority of the Constitution, and treat defendants in criminal proceedings. We should take the protection of the defendant's personal rights and freedom as the ultimate goal of criminal proceedings, comprehensively consider social values, punishing crimes, safeguarding human rights, substantive justice, procedural justice and China's basic national conditions, maintain a moderate balance among all parties, and strengthen the protection of the defendant's human rights. Only in this way can we truly achieve the purpose of criminal proceedings and make everyone's.