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On the Prosecution Phase of the Suspect’s Right to Know

Author: RuanLuMei
Tutor: YeQing
School: East China University of Political Science
Course: Procedural Law
Keywords: The prosecution phase The criminal suspects The right to know Authentic proof
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 84
Quote: 1
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Abstract


The prosecution phase of criminal suspects the right to know is that in criminal proceedings in the prosecution phase the suspect has the right to know what action , the entire proceedings and other basic situations. The right to know can help know the correct exercise of the rights of criminal suspects, prosecution and defense to achieve a balance of power constraints on the prosecution to the maximum degree of realization of procedural justice and substantive justice. The prosecution phase of our criminal suspects the right to know the system is in testing stage. The imperfections of the system led to abuse of power by the judiciary, without permission law enforcement, not only damage the legitimate rights of criminal suspects, but also undermined the judiciary and fair image.The essay includes four chapters.The first chapter includes the prosecution phase of an overview of the suspect’s right to know. This chapter defines the concept and content. Then this chaper discusses the prosecution phase of the suspect’s right to know the value of helping the suspect the right to exercise the right balance between prosecution and the defense on the prosecution to realize the power constraints, to achieve the greatest degree of procedural justice and substantive justice. The chapter also discusses extraterritorial legislation to inspect.The second chapter includes on the prosecution phase of our right to know to protect the suspect an empirical investigation. Empirical part of the use of questionnaires and interviews with two of the members of the prosecution, by case analysis of samples, analysis of survey data found that the prosecution phase of our right to know to protect the suspect a problem, specifically as follows: taking the initiative to fulfill the obligations of prosecutors absence, evidence to know to protect serious deficiencies, discovery problematic, lawyers inadequate protection.The third chapter includes the prosecution phase of the protection of the suspect’s right to know the problem. Remark on this chapter with the suspect’s right to know the three related issues, including: review of the obligations of the prosecution stage’s procuratorate, discovery system and system of lawyers.The forth chapter includes the prosecution phase of reform of criminal suspects the right to know into the road. This chapter is divided into three periods of reform into the way of goals: short-term goal to establish the suspect’s right to know and perfect this system currently available; medium-term goal to strengthen the supervision of the prosecution, and reform lawyers; long-term goal is to fundamentally related to judicial reform. This chapter adopts the three phases of reform to gradually establish and improve the prosecution phase of our right to know the suspect system and its associated regime, and fully established by the defendant’s right to know our system on this basis.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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