The Research Of The Right To Know By The Criminal Suspect

The right to know by the criminal suspect refers to criminal proceedings, criminal suspects have the right to know what he should know, been told they are legally entitled to the rights of the various procedural rights. It is accompanied by processes of the main suspects and the establishment of the status of put forward. It is the important litigation right that criminal suspects should have. It is the foundation of realization other criminal proceeding right and is one of the most basic requirements of procedural impartial. It has the extremely important role with protecting the proceeding rights of the criminal suspects. In the world, national legislation and the United Nations Convention of which have both made relevant regulations refer to the right to know by the criminal suspect. However, it has seldom received attention known to the value of the right of the suspect can it know what, by what process knows, it knows how the right to be protected and so on,.This paper on the right of the suspect knows the concept, definition and nature of foreign law, international conventions on the right of the suspect aware of the requirements is analyzed to compare countries on the right of the suspect aware of the requirements, so analysis of the law on crime the right of the suspect knows the relevant provisions. In the drawing, analysis based on the rule of our system of criminal suspects the right to know.This text is divided into four parts: Part I: criminal suspects the right to know almost said. First, definition of the suspect and the knows. And then carry out specific analysis the meaning of the right to know by the criminal suspect. For example, right from the defensive nature of such analysis. Second, emphasis given to criminal suspects the right to know is important, the right to know the status of criminal suspects, the main need, prosecution and the defense balance, equality and the need for confrontation, but also actively to achieve substantive justice needs.Part II: key to the international right of the suspects who knows the Review of the system. Of international standards of justice the right of the suspect knows how the regulations, as well as the major developed countries to suspect what the system requirements. Such as common law in the United States, Britain, Canada, and civil law in France, Germany, Japan law is aware of how to provide for the right of criminal suspects; in a comparative analysis based on the specific conditions of our country learn from some foreign countries criminal suspects the right to know the feasibility of the practice system.Part III: The main suspect knows our country the right to analyze the current situation. Through analysis of the Criminal Procedure Code on the right of the suspect aware of the relevant provisions of the analysis, identify the legislative shortcomings, our measure of the suspect knows the difference between rights and international standards. From this system, our criminal suspects can not participate in judicial review proceedings have the right to know, and Lawyer with the international system of criminal suspects the right to know the difference between the general rules of these three aspects. Also pointed out that criminal suspects in China to set right the system aware of several challenges. For example, the suspect nature of the alleged crime, know very little reason; investigating authorities on the obligation of informing the suspect is not in place; procedural sanctions is difficult to guarantee missing knows the right suspect and the cause of these problems.Part IV: Construction of the suspect knows the right system. First that in China settings criminal suspects knows rights necessity. It constitutionalism requirements; is strengthen suspects litigation principal status requirements; is strengthen suspects defense rights requirements; is enhance detection transparency requirements. Second, it discusses how to set set my suspect knows the right system. First Detective organs inform obligations settings, through inform content and inform manner analysis; second is suspects on prosecution evidence material knows procedures settings; third is suspects knows rights safeguard mechanism settings.