Research On The System Of Suspect's Right To Know

Due to procedural criminal suspect's right to know the main theory of the principle of participation and the resulting program. It is the criminal suspect should be entitled to a right of action is the basis for realization of other rights. Effective protection of criminal suspects, the right to know is finally achieved the status of criminal suspects, the need for the subject of proceedings is the balance between prosecution and the defense needs, but also the basic requirements of procedural fairness. It is due to its importance, the world's laws of many countries made a suspect's right to know more comprehensive provisions. In China, the existing legislation on the suspect's right to know provision is fairly complete, the suspects who should be aware of the content, aware of the way, as well as the protection of the right to know the mechanism involved in the legislation rarely. This paper by drawing on international norms and national legislation of foreign countries on the right to know the relevant provisions, combined with China's national conditions, building conditions suitable for our system of criminal suspects the right to know. Full-text is divided into four parts.The first part of the main suspect's right to know the concept, content, nature and the existence of meaningful analysis. Criminal suspect's right to know comes from the citizens right to know the extended criminal suspect's right to know should be a right to information in criminal proceedings, an extension of the field. Criminal suspect's right to know should be criminal suspects about their own interests with the right information. The suspect is a criminal suspect's right to know the status of the proceedings of the main requirements for achieving a balanced and substantive justice prosecution and the defense needs.The second part is mainly to international standards of justice and foreign law, the suspect's right to know the requirements are introduced. Mainly selected more representative of the United Kingdom, the United States, France, Germany and the four countries, in the national crime suspects the right to know the content and features of the system to be comparative analysis, the author proposed, including the rights of the content of the realization of rights and rights of way Safeguard Mechanism general rules. States Code of Criminal Procedure of the suspect's right to know provisions are embodied in: Detective agencies informed the obligation to suspect the involvement of the hearing procedures, as well as aware of three aspects of the evidence. Among them, Detective agencies to implement this obligation of the main suspects in the interrogation of criminal suspects and the personal and property rights when coercive measures. Aware of the evidence the suspect was mainly reflected in common law countries, the evidence discovery system and the civil law countries the right to a lawyer among Marking.The third part of the main analysis of China's current legislation, the suspect's right to know to set the status quo. China's current legislation the provisions of the suspect's right to know very little, mainly manifested as follows: First, the legislation on the Investigation and Control authorities to suspect the right to tell people the obligation of a very small, only several provisions are also vague, difficult to implement in practice. Second, the criminal suspect, through counsel, to achieve the right of the Marking Detective parties are also aware of the material evidence, there are difficulties. In China, the lawyer, "Marking rights" subject to various restrictions, coupled with a "Meet the difficult" to make the suspect can not be effectively learned through counsel of evidence information. In this section the author also analyzed the secret investigation principle in our country and the existing detection systems, as well as the lack of procedural sanctions, the case of setting the right of the suspect aware of the difficulties, in order to deepen the suspect's right to know to set the background of cognitive .The fourth part is about setting up our system of criminal suspects the right to know the discussion. Set in clarifying the suspect's right to know the necessity of the system, the author in reference to international norms on the basis of the general construction of China's criminal suspect's right to know the system put forward their own ideas. Chinese criminal suspects the right to know the system is set mainly consists of two parts, one set Detective agencies to inform the suspect of the obligation is to set up two suspects of the Detective parties aware of the evidence obtained. For the former mainly through legislation to specify the obligation of informing Detective agencies, the latter mainly through legislation ahead of a lawyer Marking time and expand the scope of lawyers Marking achieved. In the paper the last, the author proposes sanctions through the establishment of procedural mechanisms to criminal suspects in order to protect the right to know, first of all by the right to know in pre-trial proceedings were brought against the suspects to initiate the procedure for sanction; secondly, by a judge the sanctions regime as the main procedural review of the application; Finally, if the Detective agencies act is guilty of a violation of a suspect's right to know is his resort to illegal evidence exclusion and other procedural sanctions.