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On The Right Of The Suspect It Knows

Posted on:2007-09-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q GuanFull Text:PDF
GTID:2206360185972594Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The right to know by the criminal suspect has been put forward following the establishment of the subject status of the procedure. The right to know is an important procedural right by the criminal suspect and the basis of the other procedural rights. It is the basic needs in the procedural justice and plays an important role on protecting the criminal suspects' procedural rights. The right has been set in various countries legislation and the United Nations convention. However, most of people pay little attention to the value of the right to know by criminal suspects and what they may know, by what kind of procedure to know the truth, how to protect it and soon. By defining the meaning and the character of it, analyzing and introducing this right in other countries legislation and the United Nations convention, the article concludes general rules of the right to know by the criminal suspect.The first part analyzes the content, meaning, character and definition of the right. Moreover, in the analysis of the right's subject the author declare the legitimacy to learn from me foreign criminal proceedings "non-suspect" .The second part analyzes and introduces this right in other countries legislation and the United Nations convention and concludes the general rules of the right to know by the criminal suspect The author chooses four countries to carry on the study. They are Britain, the United States, France and Germany. The right to know by the criminal suspect of the criminal procedure law of other countries is embodied in main: the suspect joining the hearing procedure, aware of the evidentiary material and the judicial police's obligations to tell the suspect the rights,The third part mainly through contrasting and analyzing the intemational general rules of the right and it in the Criminal Procedure law as well as the judicial interpretation of our country, summarize that the right to know by the criminal suspect flaw the present situation basically. First, in our country the law has little contents on the right to know by the criminal suspect and several provisions are vague and difficult to implement in practice. Secondly, the suspect can not be informed by counsel who knows the prosecution evidences.
Keywords/Search Tags:Suspect
PDF Full Text Request
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