The guarantee of fundamental rights in criminal procedure in Germany
The provision of the clause of"respecting and protecting human rights"in the amendment of China's Criminal Procedure Law is a significant progress in China's criminal justice system,however,there is still much space for improvement in the judicial protection of human rights in China's criminal justice system and practice.After reviewing the law systems of various foreign countries,it is found that in German laws,the judicial protection of human rights in criminal procedure is linked to the guarantee of fundamental rights in constitution,raises the intervention of fundamental rights in criminal procedure to the height of constitutional investigation,and the Federal Constitutional Court abides by such principles of governance by law as constitutional procedure-protection mechanism that is strictly stipulated in criminal procedure,including coercive measures,investigation intervention,pretrial detention,etc.This can yet be regarded as a legal model for institutional reference in improving human rights protection in China's criminal laws.In German criminal procedure system,when the criminal procedural activities in the name of punishing crimes are identified as fundamental rights intervention,they need to be justified in the Constitutional Law(German Basic Law);the guarantee of fundamental rights in criminal investigation is to be reviewed substantively according to the principle of judge reservation,to set a classified review procedure mechanism for all investigative activities,and to stipulate specific review restrictions on finding the truth of crimes in the handling of criminal case;the scope of right subjects covered by the protection of fundamental rights of criminal justice has been continuously expanded in the cases decided by Federal Constitutional Court,clearly protecting the subjects and their basic rights,such as the accused,victims,witnesses,defence attorneys,etc;according to a series of procedural rights coexisting with the criminal procedure principle in the sense of constitutionality,a complete procedural mechanism for the protection of fundamental rights is thereby formed.
German criminal procedureviolation of fundamental rightsprotection of fundamental rightsjudicial protection of human rights
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