Abstract
Protecting criminal’s legitimate right helps to implement the concept of human rights, and standardize the law enforcement on investigation authorities, and it also helps to improve China's international image. At present there are still some problems on the rights protection of suspects in the investigation stage, such as the suspects are not timely informed of their legitimate rights, their rights of hiring a lawyer to provide legal help are limited and the rights to self-defence are disconsidered, also the rights to refuse to answer questions unrelated to the case cannot be implemented. Besides, the coercive measures taken by investigation authorities are not standardized, also the phenomenon of torture, illegal search and seizure is widespread. These problems have been due to many reasons. Legislative has shortcomings, such as criminal suspects do not enjoy the Right to Remain Silent, evidence of illegal exclusionary rule is not established, investigators’ obligation to inform are not ordained, right to counsel for the meeting and to a defence subject are restricted . There also have shortcomings in the system design, Such as the prevention of infringement procedures and surveillance system have flaws, and effected by other traditional legal concept as regarding entities, disregarding procedures. Improve the investigation stage criminal suspects the right to protection, first of all It should establishes the suspect's right to know, to defence and to Remain Silent in the legislative and domestic and international laws should be putted through. Otherwise system of judicial review will be established.
Key words: criminal suspect;the procedure of investigation;right guarantee