On The Right Of Defence Of Suspects In The Investigation Procedure

When he were coerced by the government power and then came into the criminal investigation process, a free man will become a suspect. Therefore, freeman will lose some rights, or burden some obligations. For example, not able to migrate freely, available for summons, etc. It is so obvious that the government power is far too stronger than individual's rights.On a global scale, the opinions of the human right, particularly paying important attention to avoiding the inhuman or degrading treatment, become the leading principle in the criminal judiciary reform. It brings fundamental changes to the balance of the power and the rights. The suspect will be in the subject's situation, not the object's forever. Then, he will get many procedural rights to protect their benefits. Among these, an important right for the subject is the right of defense. The right gives the suspect arms to defend themselves.In present, the United Nations standards of human right and other conventions, stresses the significance of protecting the human rights. Due to this, and the need to meet international standards, the expects on criminal procedure in China are more and more interested in the suspect's rights. Many achievements have been gained. However, in both theories and juridical practice, there is a great difference between China and foreign countries as to protection of human rights, particularly of the suspect's right. Hence, this paper discusses how to design the suspect's right in criminal investigation.There are about 43, 000 words in the paper, contained in six parts. The first part, preface, generally introduces the motive and the frame of the paper. Protection of human rights is a popular opinion throughout the world. The second part marks the range of the object that this paper discusses, withcieariy noted concept. The third parr, discusses the necessity of entitling the suspect the right of defensetaking the reasonability and purpose of the investigation procedure into account. There are two main kinds of opinions, which are that it is needed by the criminal investigation and that it is required by the aims of the criminal investigation. Then the author emphasizes that the base of the impartial criminal investigation is the balance of the power and the rights. Therefore, the right of defense for the suspect benefits from balancing the power and the rights. The fourth part analyses the suspect's right in four parts, including its establishment, application, loss, and remedy, and each of which then is subdivided into small points to analyze and compare. By this way, we can more clearly see that the perfect suspect's right of the suspect must systematically comprise the four aspects. The fifth part has two contents. One is dictating the necessity to endow the suspect the right of defense. The reason is that the prejudice lies in criminal legislation and the violation in judicial practices. By balancing the power and the rights, it avoids these defects. The other one is illuminating the ignorance of the right of defense in China. The last part is the suggestions for Chinese criminal legislation.In this paper, there are a few new ideas: (1) employing the theory of balancing the power and the rights in setting up criminal investigation process; (2) dividing the right of defense into four parts: the establishment, the application, the loss, the remedy on the succession; (3) discussing the declaration system and the reception system of right of defense; (4) employing some subdivision rights to analyze the application of the rights; (5) listing two kinds of loss in right: giving up and being deprived of; (6) steps of legislation reform.Of course, there are many imperfections, for example, the ineffective assistance of counsel needs further research. So, continual collection of information and study are still to be carried on.