Investigation Stage Notification Rules

The right of informing during the investigation procedure is established following the confirmation of the subject state of criminal subject. It plays a crucial part in the protection of the rights of the criminal subject. Which is the foundation and prerequisite for the criminal subject to enjoy any other rights of lawsuit and ensures the juridical procedure can be performed just. West Criminal Procedure Law has established informing of the criminal suspect commonly regulation, some were even promoted and encoded into the constitution right to protect it. However, our country informs the rule regarding the suspect the stipulation not only to lacking at presenting in the legislation, moreover also has many flaws within the judicial practice's actual state. Based on this, this article uses the apply theory to reality and the comparison method to conduct this research. On one hand, we'll inspect the West international as well as in the international convention about informs the rule the stipulation. On the other hand, we will relate the legislation, and the actual practice of rule of informing in our country. Then discover the disparity and the insufficiency by comparing them. Legislation in our country takes time to consummate and the judicial practice reform offers the word to offer advice- which attracts more people to pay attention regarding the rule of informing, thus impel our country's criminal prosecution to evolve towards perfection.This essay summarizes into four parts:The first part mainly analyzes the rule of the basic theory. It analyzes the concept, character and the basis had been composed, setting forth at the same time the legal principle informing of regulation character, value and establishing informing. In the criminal prosecution it informs the different requests in different procedures. But investigates the premise which the stage informs is adopted inquires or the compulsory detection measure, this is mainly to safeguard the suspect to enjoy the lawsuit right to resist the formidable detection institution fully. Inform be one kind of legal peculiar duty. Informs the content not only includes the lawsuit right which the suspect enjoys, simultaneously also includes with its related some important information. The rule of informing is the procedural request which the standard informs, it is not only one kind of legal rules, is one kind of procedure rule, most more importantly one voluntary rule. The rule of informing to satisfy the order and the just demands, simultaneously safeguarded the suspect to enjoy three big lawsuit human rights.The second part mainly introduces the rule of informing in West's origin and the development. This part mainly launches two legal systems as the clue. This object of study chose the Great Britain, United States of America, France and Germany as representatives. In these origins, the rule of informing mainly follows the appearance of the right of silence. The first country inducted the right to silence was Britain, following Britain's influence, the right to silence was introduce and integrated in the US, thus forming the informing rule system of UK-US. This article informs the rule origin to follow produces carries on the elaboration in turn successfully, which would introduce the emphasis that Britain informs the rule of the origin. Two big legal systems about informing usually use the principle, which are written and the direct expression informs. Although each country about the rule of informing has different stipulation, the informing of majority country's begins from the following several aspects: the informing for arrest, the informing for detain, the mforming for interrogation, and the informing for search as well as the consequence if disobey the rule of informing. After analyzed the stipulation of each country about the rule of informing, this article carries a whole comprehension about the rule of informing of the two big legal systems from the main body: The content, the way and the consequence carries. It thoroughly analyzes that the rule of informing plays an important role in protecting the lawsuit right of the suspect.The third part summarizes the legislative present situation of the rule of informing in our country . In "criminal procedure law" there are not many stipulations about the rule of informing. Although the Police agency and the Procuratorial agency also make some stipulations about the rule of informing, the law was scattered, and lacked the standards. This allowed big flaws exist in the rule of informing in our country. It mostly contains: Firstly, The main body of informing is not explicit. The correlative law only has stipulation for the Police agency and the Procuratorial agency. While neglecting the stipulation for the customs, the jail, the army Public security organization and so on, which have the detection power; Secondly, The content of the informing is defective. The Criminal procedure law and the related judicial interpretation about the rule of informing are as stiff as a poker. and difficult to operate, also it exists some incompetence about some important rights on informing .Thirdly, the way of informing isn't standardized. For example, what way the rule of informing should take? Is it written or oral? Should it be informed before or afterward? what language the informing should carry? The Criminal Procedure law simply does not make the stipulation regarding this, while Procuratorial agency's stipulation also has the large limitation; fourthly, the rule of informing is short of the corresponding safeguard mechanism. This part follows the legislative present situation , analysis the reasons in the practice, then excavates from a deeper level for the flaw of the rule of informing, There are three big reasons: The legal rule is not strict, detection standard idea as well as heavy body light procedure legal tradition.The fourth part of this paper is a discourse upon the construction of the rule of informing in China. After expounded the essential about perfect the rule of informing in China by considering the situation in China, the writer put forward her supposition upon consummation on the rule of informing about suspect in China by take advantage of the usual the international informing. First of all, the rule of informing in China not only about academic, but also relate to punishing commit and ensure human rights, procedure equity and efficiency. To punishing the committed and to ensure human rights, procedure equity and efficiency should be put on the same level when establish the rule of informing in investigation department in China. This is the chief rudder in perfecting the rule of informing. Secondly, the rules of informing in China include four parts: the principal part of the rule of informing, the content, the method of carrying out, and the mechanism ensures the rule of informing. The principal part colony is mainly be extended to perfect the rule of informing, custom, prison, the guarding department and other investigation agencies all fit into this category. The content of the rule distinguishes the commitment informing from the compulsive informing ,the notes and the identification conclusion are all included in this. On execution, different informing object should use different methods. The informing in writing shall be used as the primary method, then the oral informing secondary. The chief form of written informing is the right informing report. In my opinion, the detainment certificate and the arrestment certificate should also be considered as the writing informing method. " A right without remedy is not right " , "No crime goes unpunished " , the informing rule should be guaranteed by setting up procedural sanctions. The suspect and the paraclete requesting the application to co-operate with the procedural organ initiative investigation. Then the procuratorial agency act as the procedure punish censor. Last, the Procuratorial agency would inspect. If the investigation agency disobey the rule of informing, the procedural sanctions will be carried out.