Study On The Criminal Counsel's Right Of Reading Casere Cord

The right of defense is the generated based of the system of defense, and is fundamental rights of citizensgranted by constitutional. the defense rights of criminallawyer is a right granted by law which provide legal assistancefor the prosecution of personsin criminal proceedings,and criminal counsel'sof right of reading casere cord is the importantcontent of defense counsel'srights,also the important right of Criminal counsel,and is important way forthe criminal counseltoknow related information of the case andto obtain evidence. T hecriminal counsel will play its role better in maintaining the legitimate rights and interests of the defendant.Only when he get all the information of the case.Criminalcounsel'sof right of reading casere cord is is widely recognized by countriesin the contemporary world.Countries makea lot of scoring efforts in protecting the right to defense counsel.there areinternational standardsof criminal justice in the protection ofcriminal counsel'sof right of reading casere cord., which requires all states fully protect the defense lawyerspractice his right of reading casere cord timely and fully.there is a big gap betweeninternational standards and legislative provisions and judicial practice ofcriminal counsel'sright of reading casere cord in China.Resulting in the exercisethe criminal counsel suffering heavy, mainly include there is noright of reading casere cordn the investigation stage,the scope of the right is narrowed in practice, theprocedures are not standard and so on. China have made great progress in the protection ofcriminal counsel'sof right of reading casere cord.Withinaction of the new "Lawyer's Law" enacted, criminal counsel'sof right of reading casere cordbecome more specific and clear.But there are confliction bewteen"the Criminal Procedure law"and "Lawyer's Law" on therelevant provisions ofcriminal counsel'sof right of reading casere cord.So in judicial practice, the specific operational problems ofcriminal counselstill have not been fundamentally solved.continuous efforts is makes in judicial practice to change the situation,but the effect is not obvious.Theorists have made a lot of exploration, most scholars belief that bring inthe system of discovery is a good way to solve the problem.But I believe that is not appropriate to bring in the discovery systemto solve the above problem,at this stage,and its more feasibleby making the criminal counsel'sof right of reading casere cordprocedures and standardization in solve the problem.This paper is divided into four parts. The first chapter is the overview of the right to defense counsel marking. This section introduces the concept and the theoretical basis and the value of criminal counsel'sof right of reading caserecord. The second chapterintroduce the status of the criminal counsel'sof right of reading casere cord. Firstly,The author introduces therelevant provisions of of existing laws and regulations on criminal counsel'sof right of reading casere cord.And then analysis the legislative defects and judicial confusion of criminal counsel'sof right of reading casere cord.Finally,it analysis the reasons oflegislative defects and judicial confusion,In order to make a theory and practicefoundation for the Improvement ofcriminal counsel'sof right of reading casere cord. The third chapter is the introductionof extra-territorial legislation.The author describesrelated system of criminal counsel'sof right of reading casere cord ofGermany and France in the civil law countries, USA and English in the US law countries,and Italy and Japanmixed-mode states. By exploring the relevant system and its extraterritorial summary, provise some advanced experience from foreign countries for theImprovement of the provision ofcriminal counsel'sof right of reading casere cord.The fouth chapter is specific ideas to improve the criminal counsel'sof right of reading casere cord. Firstly,it analysis the necessary of improve legislation.And then explore the ways to improve criminal counsel'sof right of reading casere cord.Finally, it bringconcrete ideas to improve the criminal counsel'sof right of reading casere cord.including the choice of way\the specific legislative improvement andsupporting mechanisms.