中韩犯罪嫌疑人辩护权利保护比较研究

Abstract

The system of protecting the rights of criminal suspects is an important achievement of the development of the rule of law, which marks the transformation of the concept of litigation, improves the understanding of the inherent law of litigation, is of great significance to the protection of human rights, and actively promotes the modernization of the development of the rule of law in human society. Since ancient times, China and South Korea have held Confucian thought as the value foundation of social life, and formed the ethical and moral norms to adjust people's behavior on this basis, and the construction of legal systems has a high degree of similarity. Since modern times, the two countries chose different transition path of rule of law, as the civil law countries, the establishment of a distinctive criminal justice system, after the second world war, the south Korean for introducing actively absorb the legal theory of Anglo-American law system and principle, has a strong system of Anglo-American law system color legislation, the criminal suspect rights protection system in fully embody the opposing doctrine mode of litigation. It is necessary to make a comparative study on this path. After the criminal suspect in criminal prosecution, before filing a lawsuit to a crime suspect, is to carry out without the court ruled that anyone may determine the effect of the most guilty principle, the criminal suspect from the judicial process of passive object into subject. Korea and China have relatively consistent perceptions and ideologies on guaranteeing the rights of crime suspects, but there are many differences in the legislative principles of the crime suspect's rights guarantee system, the defense system, the right to silence, and the freedom of the body. In particular, the guarantee of the rights of criminal suspects is the most important mechanism in criminal justice, and since there are many differences in the systems between Korea and China and the related scope, introducing and supplementing each other's strengths and weaknesses will help the development of criminal justice in the future.