Font Size: a A A

The Right To Know Of Criminal Suspects And Defendants

Posted on:2010-09-07Degree:MasterType:Thesis
Country:ChinaCandidate:W H LiFull Text:PDF
GTID:2166360302966213Subject:Law
Abstract/Summary:PDF Full Text Request
Ensuring litigation rights of the criminal suspects and defendants is approved in global countries and international rules. In all litigation rights, the Right to Know is the most important and on the basic. This right is the precondition and guarantee for the suspects and defendants to enjoy other legal rights. For this, it is very important to protect the Right to Know in laws. However, there is limitation on this right in our country. Combining with international rules and foreign laws, this thesis puts forward some views to protect the Right to Know for the suspects or defendants.There are four chapters in this thesis:The first chapter mainly summarizes the Right to Know of the suspects and defendants. First, the meaning and origin of the Right to Know. The idea of the Right to Know originated from western countries. But this right was advanced definitely as the Right to Know in 1945.It means the citizens have the rights to know what they want. Meantime, the government acting as relative people has the ability to disclose its activities to the public, to assure the rights that the public get the information. Second, summary of the Right to Know. This right emerged when the suspects and defendants are established as the subject position in the criminal procedures. In the criminal procedures, the Right to Know always means to get the information related to their interests or related persons. National special department has the corresponding ability to provide the information. Referring to the realization mode, the Right to Know can be classified into negative and positive rights. The former emerges when related obligation subject informs actively. The latter realizes by the initiative actions of the suspects or defendants. However, because of the special positions of the suspects or defendants, the writer hold the opinion that this right should extended. It should conclude the Right to Know of he suspects or defendants'close relatives and their attorneys. That means all these persons are the subject positions of the Right to Know. Third, value analysis of the Right to Know. 1, This right expresses the spirit of constitutionalism. Despite not stipulated clearly in our constitution, it can't influence the logical relation between the Right to Know and the intrinsic requirement of the constitutional government. Because constitution is the foundation for formulating other laws. The citizens'basic rights in the constitution are the direct legal basis of the criminal procedure rules including the suspects and defendants'Right to Know. 2, It reflects the subject positions of the accused. 3, It guarantees substantive and procedure justice. 4, It realizes the supervision of national function.The second chapter describes the relative stipulation and analyzes the characteristics in the international rules and foreign laws. After introducing and analyzing current legislation situation of the Right to Know in different countries, we can receive several conclusions: 1, The Right to Know has several kinds of forms. 2, The support mechanism is complete. 3, The content and scope is rather extensive. 4, There are many ways to inform this right.The third chapter mainly contains the current situation and existing questions in our country. First, the current situation of the suspects and defendants'Right to Know in our country. 1, The laws stipulate relative departments'notify abilities to ensure the Right to Know. 2, The laws entrust the defense counsel or other defender some rights to realize the suspects and defendants'Right to Know indirectly. 3, The laws stipulate other rights to ensure the Right to Know indirectly. Second, questions in protecting Right to Know in our country. 1, There is no definitely stipulation in the laws. Rights must be fixed by laws. If not, subject of the right will not recognize it and obligation subject will not be restricted. 2, Right to Know is not completely stipulated in the laws. There is much limitation. That makes the accused can't enjoy their Right to Know according to current laws. Furthermore, they can't enjoy other legal rights to protect their interests. 3, Informing obligation of the Detecting and accusing party is not all-round established. Current stipulation is not only completed but also not executed. It has defect in both substantive and procedure laws. Obligated department inform the scope and form, whether inform or not, subjectively in some places. That makes the right of the accused can't be ensured. 4,There is no stipulation about the punishment when the Right to Know is aggrieved. 5, Relieve method is not stipulated in laws, when the Right to Know is aggrieved.The forth chapter mainly describes how to complete legislation about the Right to Know. First, scope of the right should be clear and definite. It mainly contained the following: 1, Accusation and reason. 2, Reason and basis for force methods. 3, Result for investigating and whether to accuse. 4, Basic rights and obligations. Persons who have the Right to Know should also including the accused's close relatives and attorneys. Establish system to show evidences. Make them to know the legal punishment in person and property the relating subject will face, so that they can enjoy legal rights and carry out obligations completely. Second, informing obligation of the investigating and accusing department should be strengthened. 1, Make sure the obligated department inform initiatively. 2, Define the informing method. 3, Establish punishment system. Third, stipulate relieve method. 1, Use the rules that illegal evidence should be removed. 2, Declare the litigation action invalid. Forth, enlarge the defend lawyer's rights. 1, Define and rich the content of right for looking up the documents. It is should be stipulated that the entrusted lawyer has the right to look up, excerpt and copy all the related documents. The lawyer also has right to look up documents in investigate station. 2, Add some rights such as procedure defense right and present right. 3, Give informing right to lawyers.
Keywords/Search Tags:Criminal Suspects, Defendants, The Right to Know, Ensuring Rights
PDF Full Text Request
Related items