Research On Defendants’ Rights Of Knowing In Criminal Speedy Proceeding In China

Defendants’ right of knowing, as the expansion of procedure law in the constitutionalfields, comes from the theory of procedural subject and its status of subject of criminalprocedure. The right of knowing, as one kind of the defendants’ litigation rights to guaranteetheir lawsuit rights, has been stipulated correspondingly in many countries’ laws andinternational conventions.The purpose of setting up the Criminal Speedy Proceeding is aimed to guarantee theprocedural justice in order to achieve the efficiency of lawsuit, so that the defendants canselect the proceeding wisely and voluntarily and implement their legal lawsuit rightscompletely.Contrast with the foreign systems, there are series of problems of the Criminal Speedyproceeding in general procedure and summary trial of general procedure in China. Theproblem just like: the defendants’ knowing of rights in Criminal Speedy Proceeding are oftenignored, the law doesn’t give the accurate definition of the defendants’ knowing of rights andits auxiliary systems is imperfect so that it is difficult for the defendants to get the legal aid inthe process etc.The thesis is emphasized on the importance and significance of the defendants’ knowingof rights in Criminal Speedy Proceeding by analyzing the conception and characteristics ofthe defendants’ knowing of rights and the issues of its realization in Criminal SpeedyProceeding in China. Based on the foreign countries’ research of the actionable value of theproceeding, the author merely hopes that the thesis can be a successful study, which has bothpractical and theoretical values and throws some little light on absorbing foreign experienceand putting forward a sound proposal to improve the mechanism of the defendants’ rights inCriminal Speedy Proceeding in China.The body of this thesis is divided into four chapters.The first chapter is an overview of the criminal defendants’ rights in Criminal SpeedyProceeding. First of all, the author defines and differentiates a brief conception of defendants’rights of knowing in Criminal Speedy Proceeding. Then, after illustrating the essence ofdefendants’ rights of knowing in Criminal Speedy, the author concludes that it is afundamental step for the defendants to guarantee their criminal procedural rights. Last but not least, in light of the significance of safeguarding the defendants’ rights of knowing inCriminal Speedy Proceeding, the author makes an analysis of the basic criteria of CriminalSpeedy Proceeding and emphasizes the importance of achieving procedural justice andlawsuit efficiency.The second chapter, the author attempts to demonstrate the existing issues of the criminaldefendants’ right in Criminal Speedy Proceeding. In Legislation, the law in China doesn’tgive clear definition of the subjects of the criminal defendants’ rights; in procedural aspect,the defendants can hardly select wise procedure as they wish. Apart from these problemsmentioned above, lawyers can only contact with defendants through reading right andinvestigating right in order to safeguard the defendants’ rights of knowing in Criminal SpeedyProceeding, which may lead to defendants’ rights for challenge and the efficiency ofsentencing defense invalid.The third chapter, a discussion is performed on the reason why the issues of the criminaldefendants’ knowing rights in Criminal Speedy Proceeding exist by contrast with that ofrelated provisions in oversea countries. The first reason is that the provisions of safeguardingthe contents and means of defendants’ rights of knowing are totally imperfect, the secondreason is mainly concerned with the lack of related auxiliary systems, just like evidencediscovery system and challenge system. The third reason lies in huge hamper betweenlawyers’ contact with the defendants, since the defendants can not acquire rapid lawyers’ aid,due to the limitation of advocate by designation and information disclosure by solicitors.Having observed this point mentioned above, this fourth part aims at proposing someconstructional suggestions in solving the issues of criminal defendants’ knowing rights inCriminal Speedy Proceeding. The author formally believes that legislators should draw fromoversea legislative and practice experience to adjust and specify the existing provisions oncriminal defendants’ knowing rights in China, such as specifying right subject andcompulsory subject of right of knowing, specifying the object and context of defendants’knowing right in different litigant phase and disclosing the judicial personnel’s personalinformation as well as taking advantage of evidence discovery system to achieve the aim ofthe charge countermeasure in Criminal Speedy Proceeding.