The Confirmation Procedure Of The Accused Person

As the human rights went down in the Constitution and the Criminal Procedure Law was amended,more respecting and guaranteeing rights of the criminal accused people becomes commonplace from academia to average person.With the further research to criminal procedure law,in criminal legislation,from investigation to the trial,there is a set of rights system to the criminal accused people.But the question of identity confirmation of criminal accused people does not deserve attention.Rights premise on the legitimate identity.This paper takes confirmation procedure of the accused people as study object.Firstly,it teases and analyzes the legislative situation to the confirmation procedure of the accused people in our country;secondly,it emphasizes on the operation situation,questions and their reasons to the confirmation procedure of the accused people in our country;then it takes advanced foreign legislation as comparable objects;finally,it makes suggestions to improve the confirmation procedure of the accused people in our country.Besides introduction and conclusion,there are five parts in this paper.We begin in Section One with an account of the general principles of the confirmation procedure of the accused people.Firstly,this section frames the scope of studying object by clarifying some basic concepts;then,it defines the confirmation procedure of the criminal accused people;finally,it expounds the elements of the confirmation procedure of the criminal accused people in detail,from subject,object,time,legal consequence to judicial remedy.Section Two discusses the legislative situation of the confirmation procedure of the criminal accused people in our country.Firstly,this section teases the legislation about the person interrogated,the active criminal,the quasi-active criminal,major suspect,criminal suspect and defendant,especially the source of power and legislative authority that why appropriate body is entitled to confirm these identities;and this section rethinks and sums up the reasons of active legislations' formation.The third section is the significant part of this paper.It aims at the operation situation of the confirmation procedure of the accused people.All kinds of anomalies in practice and rights and freedom violations exposes that there are some problems in the confirmation procedure of the accused people and it is necessary to explore the reasons to this actuality.Section Four is the comparative analysis of the confirmation procedure of the accused people.It is necessary to draw lessons from advanced foreign legislation,because there is no special confirmation procedure of the accused people in our legislation,no systemic and in-depth research in academia,and many questions in practice.Section Five proposes some countermeasures on the basis of presenting and analyzing questions.Firstly,it sets forth the basic idea that how to improve our confirmation procedure of the accused people,then it presents five specific suggestions,including the right to be informed,the way to be identified,the standard to be identified,the rescission of the identity,remedy and supervision.