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The Problems and the Ways of Improvement of the Rights of the Suspect in the Procedure of Investigation in China

Park, Ji-Seong 1

1부산지방경찰청

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ABSTRACT

The current Chinese criminal law stipulates respect for and guarantee for human rights through two revisions, and enhances the rights of suspects in terms of the law to exclude illegal evidence, to stipulate the principle of banning confession, and to supplement the legal system. However, it is criticized that the rights of the accused are still excessively limited, such as the disapproval of right to remain silent and the restriction of the right to contact lawyers. Experts say that it is insufficient to protect human rights in the world because the Constitution or the Criminal Procedure Act do not include any explicit provision on the right to refuse statements, and only partially recognize the right to the help of a lawyer. China has the right to the defense of the accused by using the right to consult with the lawyer, the right to defend itself, the right to review, change, and modify the suspect's newspaper, the right to apply for asylum, and the language and letters of its people. However, some problems are found in the investigation procedures, such as a lack of control over the investigation, a lack of a legal system, an inability to reject statements, and prolonged imprisonment by the investigative agencies. While considering China’s current state of national development, social systems and cultural heritage, it is a matter of the Chinese criminal procedure law to improve the rights of suspects that meet international standards. Preparing legal and institutional devices to prevent suspects’ rights from being violated by the investigative agencies is a task that can no longer be avoided.

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