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我国现行的《刑事诉讼法》虽然在多方面体现了对犯罪嫌疑人或被告人的人权保障,但是与国家尊重和保障人权的目标仍有较大的差距。这突出表现为未从根本上确立无罪推定原则,对犯罪嫌疑人或被告人及其聘请的律师或辩护人行使权利缺乏程序保障,强制措施制度存在严重缺陷,刑事辩护风险过大,等等。完善我国犯罪嫌疑人或被告人的人权保障制度,应当确立不利益禁止变更原则,设立一事不再理原则,建立有效的侦查制约机制。
Although the current “Criminal Procedure Law” in our country reflects the human rights protection of suspects or defendants in many aspects, there is still a big gap between the goal of respecting and safeguarding human rights of the country. This is manifested in the fact that the principle of presumption of innocence has not been fundamentally established, the procedural safeguards for the exercise of the rights of criminal suspects or accused and the lawyers or defenders hired by them have been lacking, the system of compulsory measures has serious defects, and the risk of criminal defense is too great. Perfecting the system of guaranteeing the human rights of criminal suspects or accused in our country, we should establish the principle of no-benefit change, establish the principle of no longer being a principle, and establish an effective investigation and restriction mechanism.