背景与意义--刑事被追诉人知情权的提出

刑事被追诉人(即犯罪嫌疑人、被告人)知情权(或称知悉权)是伴随程序主体地位的确立而提出来的.作为现代刑事诉讼理念的要求,在诉讼构造的设计方面,追求由控辩审三方组成的三角结构,努力追求控辩双方的平等对抗;这同时也是程序正义的要求.我国现行的刑事诉讼法关于被追诉人知情权的规定距国际标准和通行做法尚存不足,需要强化并改进,并在作为基本法的刑事诉讼法所确立的防御权体系中占据一席之地,这不仅是刑事诉讼问题,同时也是宪政问题.因此,提出并在法律上确保该项权利的实现就显得尤为重要.

The Backgroud and the Significance--Raising the Prosecuted's Right to Learn the Truth

People being prosecuted (namely suspect , the accused ) right to learn the truth (claim right of knowing ) has been put forward following the establishment of the subject status of the procedure. As the demand of modern criminal suit, in the structure of lawsuit, it should be pursued the triangular structure that is made up three party:the prosecuting party,the defending party and the judging party and should be made great efforts to make the prosecuting party and the defending party confront fairly and the judge tries just between two parties. Also this is the demand for justice of the procedure .Our country current criminal procedure law on the prosecuted's right to learn the truth is not good enough compared to the international standard and current method, therefore it needs strengthening and improving, but it occupies one seat in the defence right system which is established by the criminal procedure law that is thought as the basic law. Therefore it is the question of constitutional government along with the question of the criminal procedure law. Thus it is especially important to put forward and make sure the realization of this right in the law system.