犯罪嫌疑人的正当权利研究

犯罪嫌疑人的正当权利有必然权利和应然权利。必然权利是其作为人所固有的权利,如人身权利、人格尊严权,在刑事诉讼中重点表现为沉默权;应然权利则是在刑事诉讼活动中由《刑事诉讼法》明确赋予的程序类权利,如辩护权,申诉控告权等。沉默权规则可以保障犯罪嫌疑人的人身权利与人格尊严不受非法侵犯,也能提高一般侦查人员在犯罪嫌疑人心中的认同感,使得讯问双方有了一种相互的尊重,供述也获得了一种新的诚实性和可靠性,翻供的几率也就会大大降低,犯罪嫌疑人自己认罪还可以大大降低诉讼成本。

On Suspects' Legitimate Rights

Suspects' legitimate rights can be divided into two types: one is the inevitable rights which are possessed by man by nature,such as personal right,personal right of dignity,and in lawsuit it is especially embodied as the right of silence;The other is the obligatory rights which are definitely endowed by Criminal Procedural Law during the activities of criminal lawsuit,namely,such procedural rights as the right to defend,the right to appeal and sue,and so on.The rules of the right of silence can not only protect suspects' personal right and personal right of dignity from being illegal violated,but also improve suspects' acceptance of investigators,thus result in a mutual respect between them.The confession become more reliable and the probability of withdrawing confession become much lower.In addition,suspects' confession will greatly lower the cost of lawsuit.