On The Range And Owner Of Reading Files

File-reviewing system is the authority principle lawsuit pattern of the inquisitorial system, mainlyused in the countries of Continental Law. Reading files is one of the major components of the Knowingright. This right is the means to guarantee the both sides can combat equally. The law of our countryshould be draw lessons from other countries’ Criminal Procedure Law to make ours. But The CriminalProcedure Law of the People’s Republic of China is still has some not perfect places.The case of"LiZhuang" exposed the malpractice of our File-reviewing system.The paper will pay attention to the new parts of our Criminal Procedure Law, focus on the theoriesof the range of reading files and the main body of the file-reviewing system. This paper will discussthese questions: First is the file-reviewing system of the investigation stage; second is whether thelawyers can disclose the file’s information; third is the right of the defendant to knowing the truth of theevidence; the last is the legal consequence if the right of reading files was limited.Part I: This part introduced the summary of file-reviewing system. Compare the institution ofevidence discovery with file-reviewing system to point out the questions of this paper.Part II: This part discusses the range of reading files. Focus on the file-reviewing system of theinvestigation stage and expand the range of reading files in our country by contrasting the differencebetween China and Germany.Part III: This part discusses the owner of the right. Divided into three parts, one is the defendantwho hired the lawyer. The other is the defendant without hiring a lawyer. The third one is the familymembers of the defendant. Focus on the difficult problem of using the right.Part IV: This part introduces the legal consequence if the right was deprived or limited by someone.This paper will make some suggestions by researching the other countries’ regulations.Part V: This part is the summary of this article.Admit the right of reading files in the investigation and allow the lawyer disclosure the evidence tothe defendant is in line with the international trend. At the same time, admit the right of the defendant toknowing the truth of evidence is required by making the file-reviewing system perfect.