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犯罪嫌疑人、被告人在刑事诉讼活动中是被追诉的对象,通过刑事诉讼这一查明犯罪、追究犯罪的活动去确认其是否构成犯罪、所犯何罪以及如何处罚。在此过程中,因曾将其作为刑事诉讼活动的客体、成为被纠问和审理的对象,使其丧失了主体地位,权利得不到保障,这与人权的观念是相违背的。在刑事诉讼活动中,如何平衡惩罚犯罪与保障人权的关系是一个内容丰富而复杂的课题。尤其是要保障犯罪嫌疑人与被告人的人权,就必须确立明确的人权观念并辅之以配套的制度,以完善我国现存的制度。
Criminal suspects and defendants are the subject of criminal prosecution. Through criminal procedure, this criminalization and criminal activities are investigated to determine whether they constitute crimes, what crimes they commit and how they are punished. In the process, as the object of criminal procedure activities, it becomes the object to be questioned and tried, which makes it lose the status of the main body and the rights can not be protected, which is against the concept of human rights. In criminal activities, how to balance the punishment of crime with the protection of human rights is a rich and complex subject. In particular, to safeguard the human rights of criminal suspects and defendants, it is necessary to establish a clear human rights concept supplemented by an accompanying system so as to improve our existing system.