Research On The Protection Of Translation Rights For Deaf People In Criminal Proceedings

With the increasing number of criminal cases involving deaf mutes and the increasing demand for handling cases,deaf mutes,as a vulnerable group with special health status,should be guaranteed the right of translation in criminal proceedings.However,the existing law only provides general provisions for the right to interpret the suspect in the 121 st article of the criminal procedure law.The article has the following problems: first,the right to translation should not be confined to the interrogation stage.The right of translation belongs to the right of fair trial,and the right of fair trial runs through the whole process.Therefore,the right of translation should also run through the whole process of criminal procedure,rather than focusing on the interrogation stage.In the filing stage,the deaf and dumb victims have difficulties in reporting cases,which needs the help of sign language translators.Secondly,the right to enjoy the right to translate should not be confined to deaf mute suspects.The right to interpret the suspect's suspect is essentially a right of defense,because the essential meaning of the two is similar and the content is closely related.The power of translation helps the defense power to better play its functional mechanism.However,combined with the actual case analysis,the deaf mute,as a group with a lower education level,are also easy to become victims in rape cases,illegal fund-raising fraud cases and other cases,and the protection of the translation right of the deaf mute victims is still a blank.Secondly,from the perspective of jurisprudence,if the deaf mute victims are regarded as the parties,they need to rely on the translation rights granted by the state power organs to obtain substantive equality of universal human rights as a vulnerable group;If the deaf mute victim's statement is used as evidence,the authenticity of the victim's statement as verbal evidence also needs the right of translation as a link.Subsequently,the present situation of legislation and judicial practice of the protection of the right to interpret the deaf mute is summarized.It is found that the suspect's rights and the defendant's rights to protect the right to interpret the rights of the deaf and the suspect during the arrest stage,the defects of the right to protect the translation,the lack of procedural rights to protect the right to interpret the procedure,the lack of legislation for the protection of the right to the deaf,and the insufficient protection of the right to interpret the evidence.It is difficult to balance the protection of translation right and privacy right in the forensics stage.Therefore,in view of the above problems,this paper puts forward effective targeted opinions,in order to protect the legitimate rights and interests of deaf mute in criminal proceedings.To sum up,the innovations of this paper are mainly reflected in: first,the research perspective is not the macro perspective of the criminal procedure translation system,but the micro perspective of the protection of the deaf mute translation right.Second,the deaf mute is not defined as deaf suspect suspect in the content of the study.It combines with the case and legal analysis to put forward his own view: deaf mute who enjoys the right of translation includes not only deaf mute suspects,but also deaf mute victims.Since then,the research content has been focused on the double line analysis of deaf mute suspect and deaf mute victim.Thirdly,case analysis and field investigation analysis are used in the research method.Because Tang Shuai is the only lawyer who has ten years of sign language translation cases,this paper,combined with the case handled by Tang Shuai,a sign language translation lawyer,and the status quo of sign language translation of Nanjing deaf mute Association,explains in detail that defective protection of translation right will lead to inaccurate conviction and sentencing on substantive matters,In procedural matters,only the facts of the case are reversed,not the rights and obligations that the deaf mute should enjoy.