Study Of The Litigation Rights Of Criminal Suspects

Whether or not the procedural rights of criminal suspects are fully protected isan important condition whether criminal suspects get fair judge. Finding the gapbetween China's protective measures and relevant international standards ofjustice and main law-ruling countries legislation, analysising the reasons of ourcountry's practice situation of the procedural rights of criminal suspects, andthinking about how to improve the protection of the rights of criminal suspects soas to improve the theory of the protection of the rights of criminal suspects is thepurpose of this paper.The paper consists of four chapters, chapter 1 defines the right of criminalsuspects. Chapter 2 describes the situation of legislation of the rights of criminalsuspects. Chapter 3 talks about the problems in the implementation of our countryprotecting the rights of criminal suspects and the reasons for that. Chapter 4 aimsto think about how to improve the protection of the rights of criminal suspects.Chapter 1 defines the procedural right of criminal suspects to clarify theconcepts of the criminal suspect and the procedural right.The criminal suspectdiscussed in this paper is mainly the criminal suspects in custody and theProcedural rights are all rights of the criminal suspect provided in the criminalprocedural law. And the procedural rights are classifid mainly as defensive rights,relief rights and presumptive rights.Chapter 2 describes the situation of legislation of the rights of criminalsuspects. First, the relevant justice principles of the United Nations and thelegislation of the main law-ruling countries on behalf of three law types areintroduced briefly. Secondly, the situation of China's legislation on the rights ofriminal suspects are investigated and the procedural rights in China's law sum up15; then the gap between China's legislation and international prances are pointedout.Chapter 3 talks about the problems in the implementation of our countryprotecting the rights of criminal suspects and the reasons for that. This part is oneof the focal points. The promblems that some important rights such as the right ofknowing oneself's procedural rights, the right to defense, the right of complaint, the right to apply for national compensation and the right of acceptingprompt and fair trial are hurt are pointed out. To solve the problem, three reasonsare concluded. The first reason is with the legislative aspect. The incompletion oflogical structure of the legal regulations and the misconduction of the specificmeasures are demonstrated by examples, and also the imperfection of the existingfour regulatory mechanism and the defection of key principles, systems and rightsare the reasons.The second reason is in the aspect of criminal policies of givingleniency to those who confess, severity to those who resist, and moreseverely,more seriously, more fast. The third reason is the enforcement aspect,including the pressure of investigation, the concept and ability of judicial personneland the limitation of objective material conditions of investigation.Chapter 4 aims to think about how to improve the protection of the rights ofcriminal suspects, which is the core of this paper. This author thinks From sevenperspectives. The first thought is about the establishment of a sense of right, thatis,the awareness of judicial personnel, criminal suspects and the public onright. The Second thought is to establish tort liability system of the judicial officers.Three approaches are adopted: clarifing the criminal responsibility of violations,establish a neutral subject of starting the sanction procedure, establish reasonablestandard of proof and burden of proof. Thirdly, we should improve the legislationof the procedural sanctions. The fourth is to perfect procedural relief measures,which has a fatal flaw. Detail implementative rules and supervisive systemsshould be considered in legislation. The five is the guarantee of the judicial system.built and scientific and reasonable investigation structure, which containsrelationship between trial and investigation, prosecution and trial, investigationand prosecution, can effectively protect the right of criminal suspects. The sixth isto improve the technology of legislation from perspective of language, legislativestyle, judicial interpretation in order to make the Criminal Procedural Law achievereasonable form. The seventh is to strengthen external oversight oninvestigation. The oversight subjects include the NPC, people's supervisors and themedia.