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基于侦查阶段有效防御侦查机关强力之考虑,法律赋予犯罪嫌疑人以较多的诉讼权利。然而,法律只规定了诉讼权利的内容,未确立行使这些诉讼权利的程序性制度,导致法律规定的诸多权利未能从应然走向实然,无法实现对犯罪嫌疑人权利保障之立法初衷。为此,应当借鉴国外立法,分析现行制度缺陷,进而补正权利告知制度,以期真正实现对犯罪嫌疑人的权利保障。
Based on the investigation stage to effectively defend the strong investigative authorities consideration, the law gives the suspects more litigation rights. However, the law only stipulates the content of procedural rights, and the procedural system of exercising these procedural rights has not been established. As a result, many of the rights provided by the law have not been able to go from reality to reality and the original legislative intent of safeguarding the rights of suspects can not be realized. Therefore, we should learn from foreign legislation, analyze the defects of the current system, and then amend the right to inform the system, with a view to the real realization of the rights of the suspect protection.