论犯罪嫌疑人的确认

我国刑事诉讼法只对犯罪嫌疑人身份终点作了规定,但对犯罪嫌疑人身份起点即确认犯罪嫌疑人的规则却没有规定。确认犯罪嫌疑人是保障无辜者免受追诉的屏障,也是保障犯罪人诉讼权利的基点。被采取强制措施或第一次讯问是确认犯罪嫌疑人的时间标准,而告知诉讼权利则是确认第一次讯问的程序规则,被调查人也有权申请确认其为犯罪嫌疑人。

The Confirmation of the Supected Offerder

The criminal procedural law of our country stipulates the termination of suspected offender, but not the beginning. The confirmation of the suspected offender is the protective screen to protect innocent from criminal punish,and ensure the basic point of the lawsuit right of suspected offender. adopted or Interrogated for the first time is time standard to confirm the suspected offender; The procedural rule to interrogate for the first time is that the lawsuit right be informed, and investigated person also have right to apply to be confirmed as suspected offender. To perfect the confirmation of suspected offender system of our country, our country should perfect the system of informing lawsuit right; establish system of excluding effect of illegal evidence.