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在国家专门机关的司法权力与犯罪嫌疑人、被告人(以下简称被追诉人)所享有的诉讼权利的相互博弈过程中,后者常处于被支配、易受侵犯的地位,因此制度的设计应基于有效防止国家司法权滥用的理念,保护被追诉人的正当权利,真正体现被追诉者的诉讼主体身份。为更好的保障被追诉人实现知悉权,笔者结合本国诉讼文化背景,围绕刑事诉讼中在权利知悉方面存在的问题,从立法与司法实践两个角度,提出一些浅薄的建议,以期完善被追诉人诉讼权利和加强追诉机关违法时承担的责任。
In the course of the mutual game between the judicial power of the specialized agencies of the State and the procedural rights enjoyed by the suspects and defendants (hereinafter referred to as the accused persons), the latter is often in a dominant and vulnerable position. Therefore, the design of the system should Based on the idea of effectively preventing the abuse of the judicial power of the state, the legitimate rights of the defendants are protected and the status of litigants as litigants is truly reflected. In order to better protect the acquired person’s right of knowing, the author, combining the domestic litigation culture background, focuses on the existing problems in criminal litigation on the right knowing, and puts forward some superficial suggestions from two aspects of legislation and judicial practice in order to perfect the prosecution Human rights of litigation and to strengthen the responsibility of the prosecutorial organ when breaking the law.