Font Size: a A A

The Rights Of Reading Criminal File Of Attorney

Posted on:2007-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhangFull Text:PDF
GTID:2166360218962309Subject:Law
Abstract/Summary:PDF Full Text Request
The defense from the constitute is basic rights for the citizen,and the foundation of the defense system. criminal defense for lawyer is one kind of democratic rights for the accused person provided law assistant during criminal litigation and natural attend for the accused in defense.the rights of reading criminal files for the adovacate is important contents in criminal defense,and the base of useful defense, and the need for the balance between defense and accuse ,and the request for the law's justice. According to the developing process in lawyer's system,we see,the rights of the reading file that the lawyer enjoys is the request for the rapid development of lawyer as profession, and the basic element expanding the professional scope. Lawyer firstly is the assistended defense undertaker during the criminal litigation,but the lawyer enjoys the independent role at the time of job.What is the academic foundation for lawyer in the rights of reading file? Firstly,that is the thoery of oppose and unification,because it is very important to investe genaral law case. Secondly, owning to the infection of pretection the human rights,the rights of reading file for lawyer becomes the complete safeguad for the accused. The last, the opinion that require the balance between defense and accuse makes the rights estalish in the modern society.The rights of reading file for the advocate obtains the common agreement in the international society, and constitute a series of systems to protect the rights carry out ,that is every country guarante lawyer to gain the rights during legislation, and ensure the rights come true successfully during judicature.the rights of reading file in our country in judicial practice is far away from the international standard. Because of the limitation of legislation and the misinterpreting of judicial departments and judicial persons, the rights is hard to come true . the outstanding fact is that the lawyer cann't reading file as soon as early , and the less content and smaller scope and the limilation to the time or place of reading file and danger and so on.so the jurisconsults and the judicial persons pay attention to the rights,and carry through academic reseach and judicial practice,but we still don't constitute the material system suitable to our national the judicial realise and the traditional law culture.The article takes the start of the concept and the academic foundation of the rights of reading file for lawyer, according to analyse some representative national system of reading file, just for reference to resolve the actual question,and it is verey necessary to endow the rights from some ways such as the revolution of court censor ,and the need to the balance between defense and accuse,and the require of international standard, and litigation frame,and protecting the accused. Then ,the way is feasible according to analyse the foreignal modern experiments and the realization of our legislation and judicial practise, and our taste ,and reseach of the system. The last,the article provide the constructive conceive to perfect our reading file step step by step:the first, from the judicial explaination, we should amend the default of the litigation to solve the hard rights in time; the second, from the point of litigation, we should make up the obastacle in order to solve the question for a moment and make the foundation in the future; third, from the opoint of creative system, we should perfect our litigation and judicial system so as to make the foundation of the newly constitution; forth, from the newly constitution,we may import the system about relavating the unbalance proof to solve the hard question of reading file for the lawyer at last.
Keywords/Search Tags:Attorney, The rights of reading criminal file, Necessity, Graduality, Possibility
PDF Full Text Request
Related items