侦查阶段犯罪嫌疑人权利告知规则之完善

Perfection of Rights Notification Rules of the Criminal Suspect during the Investigation Phase

在侦查阶段,犯罪嫌疑人权利告知规则是保护犯罪嫌疑人人权、知情权的必要规则,目的在于平衡侦查机关和犯罪嫌疑人的关系。我国《刑事诉讼法》修正案在犯罪嫌疑人权利告知规则方面并没有明显进步,导致司法实践中向犯罪嫌疑人告知权利时存在告知的时间、内容、方式、后果等方面的差异。实有进一步从微观技术上规范之必要,以期实现对人权的保障,提升刑事司法之文明。

During the investigation phase, rights notification rules of the criminal suspect, which aims to balance the relationship of the investigation organ and the criminal suspect, is essential to protect the criminal suspect＇s human rights as well as their right to know. In 2012, the amendment to the Criminal Procedure Law was issued in our country, but no obvious progress has been made in terms of the rights notification rules of the criminal suspect. As a result, there are differences in the time, content, methods and conse- quences when informing the criminal suspect of their rights in judicial practice. Therefore, it is necessary to make further specifications from microscopic technical aspects, in the hope of realizing human rights protec- tion and promoting the civilization of criminal justice.