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A Study On The Right Of Informing During The Investigation Procedure

Posted on:2011-08-18Degree:MasterType:Thesis
Country:ChinaCandidate:D F WangFull Text:PDF
GTID:2196330335990803Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Under the deepening of the idea of human rights protection over the world, the suspect's basic human rights and dignity should be respected and protected by the official investigators. In practice, it has been proved that the suspect should have the basic rights of defense in the interrogation in order to prohibit all kinds of inhumane interrogating by way of power abuse. The right to have one's rights known is very important to the suspect in the investigation stage. It's one of the two aspects of one question, the other aspect being the police station's apprizing obligation. The two concepts embody the idea that right restricts power. Therefore, the right of informing during the investigation procedure is a major topic at present, it is important to protect and reality the basic litigious rights of suspect. The international human rights laws ordain the right to know the nature and reason of accusation and litigious rights for suspects, some laws of advanced countries have established a mature system of the right of informing.At present, in China, the current inform system has major problems in terms of inform subjects, inform contents, inform ways and securing systems and so on. Meanwhile, the current inform system is for from being optimistic with plenty of inform procedure being violated. Based on this, the article will analyze and define the theory and explore the theoretical basis of the right of informing. Through the comparison method and the apply theory to reality, on the one hand, we'11 inspect the rules of inform from the international conventions and the West. On the other hand, we will relate the legislation and the actual practice of right of informing in our country, in order to discover the disparity and the insufficiency by comparing them. Then we should use the experience of other countries for reference to update the concepts and rules of the system at rectifying the inform system, and realizing the human rights security of suspects.
Keywords/Search Tags:investigation procedure, suspect, the right of informing
PDF Full Text Request
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