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对于刑事被追诉人权利问题,出于保障人权的立法追求,为限制公权力与平衡诉讼三角关系的目的,应保护刑事被追诉人合法权利不受侵害。对此,美国立法具有一定借鉴意义。1787年,美国国会制定《权利法案》时便意识到限制政府公权力是保证公民自由的必要措施,因此,《权利法案》除保护公民基本权利外,还保护公民受公正审判与不受无证搜查和扣押的权利等。美国刑事被追诉人可通过宪法公民基本权利,结合当事人主义刑事司法模式,在诉讼中充分发挥主体地位,有效限制公权力恣意。我国立法对于刑事被追诉人权利同样作出了相对全面的保护,除《刑法》第245条、第247条等众多规定外,2012年修订后的《刑事诉讼法》还赋予刑事被追诉人,如禁止自证其罪、非法证据排除等多项权利。虽然,快步的法治建设使我国在刑事被追诉人权利保护方面与美国拥有甚多之相同,但仍存在一定差异性,通过比较研究可见中、美两国立法差异性主要体现在权利布局不同、宪法化程度不同、刑事法律系统化程度不同与人权保护力度不同四方面。而针对中、美两国刑事被追诉人权利保护的差异性研究则更具有实质价值,可有效帮助我国解决现有问题,促进全面推进的法治建设与司法改革。
For the issue of criminal prosecutors’ rights, out of the legislative pursuit of safeguarding human rights, the legitimate rights of criminal prosecutors should be protected against infringement for the purpose of limiting public power and balancing the triangular relations of litigation. In this regard, the United States legislation has some reference. In 1787, when the United States Congress enacted the Bill of Rights, it realized that restricting the public power of the government is a necessary measure to guarantee the freedom of the citizens. Therefore, the Bill of Rights protects citizens from fair trial and without evidence in addition to protecting the basic rights of citizens Search and seizure of rights. The criminal prosecutors in the United States can give full play to their subjective status in litigations and limit the public power effectively through the basic rights of the constitutional citizens combined with the criminal justice model of the parties. In addition to the numerous provisions of Article 245 and Article 247 of the Criminal Law, the Criminal Procedure Law amended in 2012 also gives criminal prosecutors such as: Prohibit self-incrimination, illegal evidence exclusion and many other rights. Although the rapid development of the rule of law has made our country have much the same rights as the United States in the protection of criminal prosecutors, there are still some differences. Through the comparative study, we can see that the legislative differences between China and the United States are mainly manifested in the different distribution of rights , Different degrees of constitutionalization, different degree of systematic criminalization and protection of human rights in four different aspects. However, the research on the differences in the protection of the rights of criminal prosecutors in China and the United States has more substantive value, which can effectively help our country to solve existing problems and promote the construction of the rule of law and judicial reform in an all-round way.