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公民受刑事追究时享有一系列程序性权利 ,涉及人身自由和安全的保障 ,属于基本人权范畴。此类权利应当具有防范国家司法权力侵害的防御功能 ,因此仅仅通过刑事诉讼法予以确定和保护是不够的 ,还应当由宪法加以确定和保障。保障公民的刑事司法权利应当是尊重和保障人权的核心内容。借鉴各国宪法的规定以及有关国家宪法实践 ,我国应当完善公民刑事程序权利宪法保护。
Citizens are subject to a series of procedural rights when they are investigated for criminal responsibility, and they cover the protection of personal liberty and security and fall into the category of basic human rights. Such rights should have the defensive function of preventing the violation of the judicial power of the state. Therefore, it is not enough to confirm and protect only through the criminal procedure law, and it should also be determined and guaranteed by the constitution. Ensuring the criminal justice rights of citizens should be the core content of respecting and safeguarding human rights. Drawing on the constitutional provisions of various countries and on the constitutional practice of our country, our country should improve the constitutional protection of citizens’ criminal procedural rights.