Research Of Procedural Rights Protection For Criminal Suspects

The litigation rights of criminal suspects are the rights that those who are suspected of committing crimes have, during the pre-trial procedure, for instance, the basic human rights, the rights of participation, openness, timeliness etc. The rights can be classified into three categories: presumption litigation rights, antagonism litigation rights and remedy litigation right. This paper looks into the global principles of criminal legislation and the legislative condition of the criminal suspects' litigation rights in main law-ruled countries. Then, by comparing the above with interrelated legislation currently in China, the gap can be seen clearly.In the daily practices nowadays there still exist cases in which criminal suspects' rights cannot be properly guarded, for example, the ignorance of the suspect's rights to know, ill implementation of their dependence rights, extortion of confession, illegally extended detention, defacto lack of the rights to appeal and complain, and great difficulties getting criminal compensation. All these cannot be only explained by law and instead should be attributed to a number of elements, for instance, the long-time lawsuit traditions, political system, economy, culture and so on. In final analysis, it's the judicial system especially the lack of effective judicial review system in both the pre-trial procedure and law relationship between the police, procuratorate and court that leads to the current situation.It's a long-term and arduous task to further guard the criminal suspects' litigation rights. We should publicize the litigious view of both procedural justice and human-rights safeguard. What's more, the revolution of criminal judicial system needs to be furthered in order to gradually strengthen the relief of the criminal suspects' litigation rights. An effective and all-around system of guarding criminal suspects' litigation rights can be finally achieved through a series of concrete measures, for example, the establishment of the right to remain silent, the improvement of advocacy system, the setup of judicial review mechanism, the introduction of procedural sanction system and the perfection of the law monitoring system etc.