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从“罪犯也是公民”的第一腔到2004年“国家尊重和保障人权”被写入宪法,我国刑事司法人权保障历经三十年的路程,取得了较大的进步。无罪推定原则、罪行法定原则的确定,死刑适用上的限制等措施都彰显了我国在刑事司法人权保障方面取得的成就。但同时我国的刑事司法人权保障还存在众多的问题,要解决这些问题,一方面要了解我国的实际,另一方面要理清思路,提出的措施做到既合乎逻辑又切合实际。从理清思路的角度,就是要树立人权观念与程序正义观念,认清犯罪控制与人权保障之间的关系。
From the first chamber of “criminals are also citizens” to 2004, “the state respects and safeguards human rights” has been written into the constitution. The protection of human rights in criminal justice in China has made great progress over the past 30 years. The principle of presumption of innocence, the determination of statutory principle of criminality and the restrictions on the application of death penalty all demonstrate the achievements made by our country in guaranteeing the human rights of criminal justice. However, at the same time, there are still many problems in safeguarding the human rights of criminal justice in our country. To solve these problems, we must understand the reality of our country on the one hand and clear our thinking on the other hand so that the measures proposed are both logical and practical. From the perspective of sorting out our thinking, we must establish the concepts of human rights and procedural justice, and understand the relationship between crime control and protection of human rights.