刑事诉讼中人权保障事业的发展与困境——以广东徐辉案为视角

新《刑事诉讼法》将人权保障规定在第2条,并对证据制度、辩护制度等具体法条作出修改和完善,在实践中积极贯彻和落实。近日,广东徐辉冤案的平反更是人权保障理念在刑事诉讼领域的深刻反映。文章以此案为视角,在分析人权保障基本理念基础上,探讨人权保障在我国刑事诉讼中的发展与困境,并反思人权保障的路径。

The Development and the Dilemma of Human Rights Protection in Criminal Litigation from the Perspective of Xuhui False Case in Guangdong

The human rights was stipulated in article 2 of new Criminal Procedural Law which modified and improved the evidence system, defense system and other specific legislation. It’s required to be carried out and implemented in practice actively. Recently, the Xuhui false case in Guangdong was rehabilitated which deeply reflected the concept of human rights protection in the field of criminal proceedings. In this article, based on the analysis of this case and the basic idea of human rights protection, it investigated the development and the dilemma of human rights protection in the criminal prosecution in China, and put forward some reflections on the way of human rights protection.