“人权”是指一公民依法享有的政治、经济、文化等方面的人身自由和其他民主权利。人权作为权利的最一般的形式,在刑事诉讼中,其与国家公权力的对抗最为激烈。随着近代人权观念的深入人心,妥善处理刑事诉讼中人权与国家之间的矛盾,成为民主法制社会的必然。本着以人为本和保护人权的理念,我国政府已先后加入了21个国际人权公约,并于1998年10月签署了 “Human rights ” refers to the political, economic, cultural and other personal liberty and other democratic rights a citizen enjoys in accordance with the law. As the most general form of rights, human rights are the most intense forms of confrontation with state public power in criminal proceedings. With the deepening public concern for the concept of human rights in modern times, proper handling of the contradictions between human rights and state in criminal litigation has become the inevitable necessity of a democratic and legal society. In line with the concept of people-oriented and the protection of human rights, our government has successively acceded to 21 international human rights conventions and signed it in October 1998