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我国刑事诉讼法提出要尊重和保障人权,这当然包含保障犯罪嫌疑人、被告人的权利。港澳台籍犯罪嫌疑人、被告人是一个较为特殊的群体,不能因为该群体人数较少,就忽略相关诉讼权利保障问题,每个个体的权利都应受到尊重。刑事诉讼法中对少数民族犯罪、外国人犯罪都有特别的规定,港澳台犯罪嫌疑人、被告人在诉讼过程中也可能会遇到少数民族和外国人面临的问题,但法律并没有做出有针对性的规定。实践中港澳台籍犯罪嫌疑人、被告人存在少数语言文字障碍、强制措施适用不当、域外证据认证难等问题,应在司法、立法方面实施有针对性的对策措施。
The criminal procedure law in our country proposes to respect and safeguard human rights, which of course includes the guarantee of the rights of criminal suspects and defendants. Suspects and defendants of Hong Kong, Macao and Taiwan nationalities are a special group. We should not neglect the protection of the related litigation rights because the number of such groups is small, and the rights of each individual should be respected. There are special provisions in the Criminal Procedure Law for the crime of ethnic minorities and crimes committed by foreigners. The criminal suspects and defendants in Hong Kong, Maucao or Taiwan may also face the problems faced by ethnic minorities and foreigners during the litigation process, but the law has not made any Targeted regulations. In practice, criminal suspects and defendants from Hong Kong, Maucao and Macao have few language defects, inappropriate application of coercive measures and difficulties in certifying extraterritorial evidence. Targeted countermeasures should be implemented in judicial and legislative aspects.