从人权保障的视角看刑事诉讼法的修改

为顺应我国政府履行国际人权公约规定的义务和推进人权保障进程的要求,针对我国刑事诉讼中极易侵犯犯罪嫌疑人和被告人人权的问题,明确提出了应以人权保障为主导思想来修改刑事诉讼法。指出了我国现行刑事诉讼法有关犯罪嫌疑人和被告人人权保障方面存在着犯罪嫌疑人无法充分获得律师帮助权、律师阅卷权受到限制、被告人的辩护权难以充分行使、缺乏明确的非法证据排除规则等诸多不足,参照部分国家有关强化犯罪嫌疑人和被告人人权保障的措施以及国际人权公约的规定,提出了我国修改刑事诉讼法的具体建议。

On the Amendment of Law of Criminal Procedure in View of Assurance of Human Rights

To conform with the observance of the obligations recognized by Chinese government in the International Covenants on Human Rights and promote the assurance of human rights,an amendment is proposed definitely to the existing law of criminal procedure under the guidance of the assurance of human rights because those rights of suspects and defendants are so easy to infringe in actual criminal procedure.For instance,a suspect has no means of getting fully the right of lawyer's assistance,the restriction on lawyer's right to reading necessary case records,a defendant is hard to get the right to defend himself/herself fully in court and lack of definitely exclusionary rule of illegally obtained evidences.Referring to what measures have been taken to strengthen the assurance of suspects' and defendants' human rights by some other countries and international conventions,some concrete suggestions are given to amend the law of criminal procedure.