试论被追诉人获得权利告知的权利——从遏制刑讯逼供的角度

The Suspect’s Right to Have His Rights Known: From Defeating Torture Perspective

获得权利告知的权利是被追诉者享有的一项重要权利,与侦查机关的告知义务共同构成了一个问题的两个方面,体现了权利制约权力的理念。本文从遏制刑讯逼供的角度,分别就该项权利的含义和内容、对遏制刑讯逼供的意义及我国立法在该项权利保障方面的不足和改进方向进行了论述。

The right to have one＇s fights known is very important to the suspect. It＇s one of the two aspects of one question, the other aspect being the police station＇s apprizing obligation. The two concepts embody the idea that right restricts power. From the perspective of defeating torture, the author makes an analysis of the right in terms of the meaning, the content and the significance to removing torture. Then the author points out the lack of assurance in our legislation in this respect and comes up with suggestions on making corresponding improvements.