Study On The Right To Know On The Suspect

Why is the right of knowing of criminal suspects necessary? As a right in the constitutions, insurance of criminal suspects’ right of knowing is of special value and meaning in criminal procedures. The right of knowing is a crucial right of defensive legal action that the criminal suspects should enjoy. It is also the right for the suspects to confront and offset the accusation of prosecutor which is one of the basic requirements for the fair procedure. However, this right is not definitely ruled in current law of China. Although there is something referred in some relevant laws and regulations, lots of problems exist in the practical operation because of the roughness and lack of guarantee for the procedure. Aiming at solving these problems, this thesis tries to find out the disadvantages of law of criminal lawsuits in the aspects of the right of knowing for criminal suspects and come up with the conceives to improve guarantee mechanisms for the right of knowing, at the basis of protective theory of the right of knowing for criminal suspects and the comparison of the guarantee condition of this right between mainland law system and system of British, America and France. The object of this thesis is the right of knowing of criminal suspects. The thesis consists of introduction, main text and conclusion.The main text is divided into four parts.The first part is the overview of the right of knowing for criminal suspects. Detailed analysis of the connotation and source of right of knowing is provided, at the basis of which main part and specific meaning of right of knowing for criminal suspects are defined.The second part is about the actions to protect the right of knowing for criminal suspects in some countries. In this part representative countries are chosen, such as America from the system of British, America and France and Germany and France from the mainland system. Introductions and comparison analysis of the guarantee conditions of right of knowing for criminal suspects are shown in this part, which aims at providing suggestions for the improvement of the mechanisms in our country. The third part is the current condition and disadvantage of the protection for the right in our country. Based on the detailed regulations of guarantee for the right of knowing in the law of criminal lawsuits, this thesis is trying to find out the existed problems and disadvantages.The fourth part is the legislation conceives for the improvement of the protection of the rights of knowing for the criminal suspects. This part comes up with this conceives on the basis of the above analysis and conclusion.