论刑事司法权利的宪法保护

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。

On Constitutional Protection of Civil Rights in Criminal Justice

Citizens are conferred a set of procedural rights while prosecuted, which are related to the guarantee of citizen's personal liberties and safety. They are part of basic civil rights, which are defensive against judicial power. Therefore, these rights should be promulgated into the Constitution rather than the Criminal Procedural Law. The human rights should be respected and guaranteed.Core of respecting and protecting human rights is to protect civil rights in criminal justice. Considering the experience provided by some constitutions and constitutional practice in the world, it is necessary for our country to promote and perfect constitutional guarantee of the civil rights in criminal justice.