On Kin And Appropriate Persons In Criminal Procedure

In Criminal Procedure, the concept of kin can’t be replaced by other similar concepts.Its internal legal meaning remains to be better understanding. The correct interpretation ofkin can cause the generation of an important concept system: kin and appropriate persons.This is not just a logic problem, but inevitable interpretation of the legitimate rights whichKin has. These rights include the right to be noticed and the right to help with defendant.Noticing kin or inviting kin to participate in Criminal Procedure reflect two aspects of therights. As far as defendant is concerned, this reflects the right to ask for helping. As far askin is concerned, this reflects the right to be noticed and the right to help with defendant.But when the kin is absence or inconvenience, this does not necessarily excludeappropriate persons and means that appropriate persons have a similar relationship withdefendant. The newly revised Code of Criminal Procedure has already been reflectedregrettably perplexing problem. There are three situations referring to “unable to notice”.In these situations, the authorities seem to have no obligation to change persons noticed.The right to ask for helping, the right to be noticed and the right to help with defendant aredeliberately ignored. In recent practice, this means "close to deprived". This does notconform to ideal to set kin, but also goes against the relevant provisions of internationalhuman rights. In modern society with the rule of law, kin and appropriate Persons point toopen rights and have more active and more respect for human rights than close relatives. Inthe legislative activities and judicial activities, Deepening understanding for “kin andappropriate Persons” has two positive effects. As far as defendant, kin and appropriatepersons are concerned, this reflects respect for human rights. As far as judiciary isconcerned, this reflects its impartiality and helps it to improve efficiency and achievecommunication and cooperation between the judiciary and kin and appropriate persons.