刑事诉讼告知义务初探

告知义务是国家赋予国家机关(含警察、检察官及法官)告知被追诉人(犯罪嫌疑人、被告人)相关的事实、理由及权利的义务,是国家机关在刑事诉讼中承担的关照、帮助被追诉人实现其权利的一项特别义务。设定国家机关的告知义务,有利于保障被追诉人充分行使其权利。不论是国际公约还是一些法治发达国家都有关于告知义务的明确规定。我国刑事诉讼法对于告知义务的规定相对简单,应参照并借鉴国际公约及西方法治发达国家的立法经验,予以修改与完善。

Notice Obligation in Criminal Proceedings Proceedings

Informing the charged(suspects and the accused) of appropriate facts,reasons and rights is a duty imposed by the state on state institutions(police,prosecution and judiciary) and is a special obligation undertaken by state institutions to care for and assist the charged to realize their rights.Imposition of the duty notice on state institutions is conducive to ensuring the charged to exercise their rights.One can easily find an express provision of notice in international conventions and laws of advanced countries.Comparatively,the notice provision in China's Criminal Act seems a little bit simpler.Accordingly,it should be supplemented and improved in accordance with and by reference of international conventions and legislative experiences in western developed countries.