| Pretrial detention is a temporary compulsory measure,which aims to ensure the smooth procedure of criminal lawsuit.The detainees' rights to know are the extension of citizen's rights to information in the field of criminal lawsuit.It is a fundamental right for detainees as criminal prosecutor litigant and is beneficial to achieving the value pursuit of human rights guarantee in criminal lawsuit.The rights to know is not only the basis and core of performing other lawsuit rights,satisfying the requirements of law due process.The achievement and the guarantee of the detainees' rights to know pushes the equal fight of charge and defense,finding out the case truth and make right judgements.The two legal systems governing countries have a complete safeguard mechanism,the present criminal procedure law regulates the obligation to disclose of judiciary authorities making up the main parts of the detainees' rights to know.However,most of the country law regulations are too simple and once detainees' rights to know are infringed,our country is lacking in relief measures.In juridical practice,effectiveness is not strong and casual.Therefore,the object of study in the paper is to guarantee and interpret the detainees' rights to know and illuminate the significance.The paper analyses the status quo,finds out the problems and analyses the causes of performing and guaranteeing the detainees' rights to know in the phases of investigation and examination and prosecution,and then realizes the necessity of improving the guarantee.By the study of regulations and guarantee systems of two legal systems countries,such as England,America,France,and German and the analysis and conclusions of the advanced practice and intercommunity,the paper can find out the beneficial reference and enlightment of the guarantee of detainees' rights to know.by combining national conditions and juridical practice,the paper puts forward the feasible proposals and measures to perfect the guarantee of detainees' rights to know. |
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