The Study On The Guarantee Of The Right Of Detainees To Know

The citizen’s right to know is a fundamental right with the nature of the protection ofhuman rights. It is the base for citizens to protect their own interests, and the prerequisite forthe realization of their rights. The citizen’s (especially the suspect’s and the defendant’s)rightto know has be fitted by the international conventions and many constitutions and otherregulations comprehensively. But in our country, the protection of the suspect’s anddefendant’s right to know has been in a position of not being taken seriously: the regulationsabout it is rather scarce, and it is always ignored in practice because of various reasons. Inorder to alleviate the state of extended detention, wrongful arrest and detention,"to strengthenthe supervision of the People’s Procuratorate to the detention”,“to reflect our country’sattention and protection to the human rights”, we established the system of the Custody of theneed for censorship when modifying the Law of Criminal Procedure in2012. Although inNovember22,2012,by <the People’s Procuratorate Rules of Criminal Procedure(trial)>,theSupreme People’s Procuratorate defined the operating specifications of the custody of theneed for censorship, the regulations are still wraparound. The content on the detainees’ rightto know has not been established in the custody of the need for censorship. In the backgroundof the new Code of Criminal Procedure, this article will analysis the establishment of thedetainees’ right to know in the custody of the need for censorship. Hopping to take morepeople’s attention, to push the custody of the need for censorship forward mor consummate.In addition to the introduction, the article can be divided into four parts, totaling30,000words:The first part, the overview of the detainees’ right to know. First, leading to the conceptof "the detainees’ right to know" from the perspective of the citizenship. The detainees’ rightto know on the stage of criminal proceeding is based on the citizen’s right to know. Thanks tothe promotion of the world emergence on human rights, the in-depth of Due Process of Lawand the establishment of the dominant position of the suspect, the right to know of thedetainees has been developed. The establishment of custody of the need for censorshipopened a relief path to liberty interests of the detainees. But to realize, it needs the protectionof the right to know of the detainees. Secondly, in order to understand the detainees’ right to know in the custody of the need for censorship, we must find out the answers such as thesubject, object, content of the right. The right to know of the detainees in the custody of theneed for censorship means that the detainees be told the information such as the reason ofbeen detained, their fundamental right and something about the process, the reviewer shouldguarantee its implement. Finally, the right of the detainees to know in the custody of the needfor censorship is built on the ground of justice, human rights and order, having a strongfoundation of value.The second part, the comparative study of the right of detainees to know in the maincountries ruled by law. This part selects six main representative countries(UK, USA, France,Germany, Italy, Japan) in the Anglo-American and civil, taking a more comprehensivecomparison and analysis of its guarantee on the right of detainees to know. First, comparingtheir guarantee on the right of detainees to know by examining each country’s law andpractice. Then, analyzing their guarantee on the right of detainees to know based on thecomparison of various countries as follow. While watching from the surface, the countries didnot make special provisions about the obligation of the relevant authorities to disclosure, thedetainee’s right to know often been met in their public hearing of the review model. Therefore,the guarantee on the right of detainees to know does exist in these countries, but only indifferent forms of it. Finally, examining and summarizing the characteristics of the guaranteeon the right of detainees to know in such countries from the subject, object, content, methodsand consequences.The third part, the status and causes of the guarantee on the right of detainees to know inour country. In China, the citizen’s right to know has not been as a fundamental right in theconstitution. As the basis for formulating the Criminal Procedure Law, this also leads to theignorance of the citizen’s right to know in the criminal judicial activity. Our law has notstipulated the information disclosure in the necessity of detention review system, thedetainee’s right to know is not satisfied substantively through relevant institutions on thecriminal procedure. Our lack of Information Disclosure system is mainly due to the newsystem’s unsound, the lack of "subject of the procedure", the tradition of thinking highly ofthe entity but looking down on procedure.The fourth part, to build China’s guarantee on the right of detainees to know in thecustody of the need for censorship. In China, the establishment of the guarantee on the rightof detainees to know is the requirement of strengthen the detainee’s status of subject, improving the credibility of the custody of need for censorship and truly achieving justice. Atthe time of China’s guarantee on the right of detainees to know specifically designed, wemust;Secondly, building our guarantee on the right of detainees to know from the respects ofsubject, object, content, procedures, remedies and so on; Finally, emphasize the importance ofsuitable environment.