Font Size: a A A

Suspects’ Right Of Information In Pretrial Procedure

Posted on:2014-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:N SunFull Text:PDF
GTID:2246330398964893Subject:Law
Abstract/Summary:PDF Full Text Request
A major concern in today is to improve the protection of criminal suspect’s right, itis also reflected in Chinese newly revised Code of Criminal Procedure. The suspect’sright to know is not only the key to the balance between prosecution and defense, butalso the basic requirements of procedural fairness. Although a lot of effort is beingspent on improving these weaknesses, there still have some problems in Chineselegislation and practice. The paper concerns the development of it, attempts to resolvethis dilemma by analyzing the theoretical values and importance of system reform ofthe suspect’s right to know in China. The paper gives the background of it whichincludes contract theory and the Sovereignty of the people, and discusses the value ofachieving the greatest degree of substantive discovery and procedural justice to theprosecution phase of the suspect’s right to know. It focus on extraterritorial legislationby reviews relevant research related to suspect’s right to know in the United Kingdom,United States of America, the Federal Republic of Germany and the Republic of France.In order to take advantage of their similarity on substance and the protection of thesuspect’s right to know. Then it concludes with a discussion of Chinese suspect’s right toknow effected by the methods of investigate and the structure of investigation to trial.On the basis of the research on Chinese legislation and empirical investigation, thensummarize the reasons by analyzing the legal regime and culture. At last it provides adiscussion of the importance of criminal suspect’s right to know on process andstructure of litigation as well as legal reform.
Keywords/Search Tags:Right to Know, Informing, Balance between Prosecution andDefense, Evidence Notification
PDF Full Text Request
Related items