刑事侦的查阶段犯罪嫌疑人人权保障研究.pdf

目录 摘 要··························································································································· I Abstract ························································································································III 引 言·····························································································································1 一 、人权和犯罪嫌疑人人权的基本内涵·································································2 （一）人权概念的由来以其涵义·········································································2 （二）人权的基本内容·························································································3 （三）刑事诉讼中人权的主体·············································································4 （四）侦查阶段犯罪嫌疑人人权的特征·····························································6 （五）犯罪嫌疑人人权的内容·············································································8 （六）刑事侦查程序中犯罪嫌疑人人权保障的重要意义·································9 二、刑事程序中的国际人权标准及欧美刑事诉讼模式下人权保障的特点·········12 （一）刑事程序中的国际人权标准···································································12 （二）欧美刑事诉讼模式中人权保障特点·······················································19 三、我国侦查阶段犯罪嫌疑人人权保障存在的问题·············································22 （一）刑讯逼供屡禁不止···················································································22 （二）侦查阶段羁押存在的问题·······································································22 （三）律师帮助权的不足···················································································24 （四）侦查机关的强制性处分权缺少有效司法控制·······································25 四、我国刑事侦查阶段犯罪嫌疑人人权保障的立法构想与建议·························28 （一）在宪法中设置对犯罪嫌疑人人权的公力救济程序·······························28 （二）在侦查程序中建立司法审查机制···························································30 （三）强化犯罪嫌疑人的辩护权·····································································