1983 Volume 19 Pages 63-74
A matter of great importance to maintain democracy is establishment of equal justice. However, at present, the poor suspects who account for more than half of all, are dealed as the objects of criminal investigation without assist of counsel in Japan. Criminal investigation stage is the most critical one when the fundamental human rights are liable to be invaded. The point of this thesis is that the thought of the defensive right is social rights, not free rights is useful to correct the present situation of Jaoan. The construction of this thesis is as follows : 1. Summary 2. History of the defensive activity 3. Traditional Significance of the Defensive Right 4. Modern Significance of the Defensive Right