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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 14, 2004, “human rights” was enshrined in the constitution as a fundamental right. In recent years, the term human rights has been increasingly quoted. As human rights, human rights are gradually being valued by people. In the traditional legal thinking, people take the absolute repression and attack attitude towards criminal suspects. From the severity of criminal law itself, it is even more difficult to guarantee the human rights of criminal suspects in the investigation procedure and criminal procedure . In today’s Chinese society, despite the fundamental change in law enforcement thinking, there is still a great deal of practice in practice that shows contempt for human rights of criminal suspects, such as torture. It is of great significance for us to establish a more complete and reasonable criminal investigation system in our country and to safeguard the legitimate rights and interests of the parties by analyzing the problems in the existing criminal legal system in our country and finding out the reasons for the lack of human rights protection.