Research Of Reading Rights Of The Suspect

Modern countries increasingly emphasize on subjectivity position of suspects, and fully protect their right to know and the right to participate in the course of criminal proceedings, in order to achieve equality and procedural fairness. Suspects Refer to the people who are arrested for a crime but the prosecution have not formally prosecuted before the court, which are the people responsible for a crime in the stage of investigation as well as review and prosecution. This paper analyzes legal basis of giving suspects the right to read materials, and redefines the meaning of the right to read materials after the return of the right, through introducing the Role expectancy theory in Sociology. By studying the right to read materials in civil law countries and evidence discovery system in common law countries, based on the analysis of procedural value to give suspects the right to read materials in our country, as well as the actual situation in our country, a system of the right to read materials by suspects is built.In the first chapter, from the theory of criminal procedural role in Sociology, pointing out there are conflict and disorder among police, prosecution and court during criminal proceedings, and the legal basis of the right to read materials are equality and procedural subjectivity. The right to read materials by suspects should return to its essence, and criminal suspects should have the right to a limited degree, which are the rights to review materials and dossiers of evidence and other evidence.In the second chapter, providing reference to building our own system, by studying the right to read materials in civil law countries and evidence discovery system in common law countries. Based on the existing theory and experience, combined with the social environment and legislative situation in China, our system of the right to read materials by suspects is built.In the third chapter, the important lawsuit value of giving suspects the right to read materials manifested in three aspects:the prerequisite for effective defense, the prevention of misjudged cases, and the protection of subjectivity status of suspects. By analyzing the value, pointing out the legitimacy and necessity of giving criminal suspects the right to read material.In the fourth chapter, giving suspects the right has important significance. The author proposes to build in line with China’s national conditions the system of the right to read material by suspects in the following areas:time and scope of reading, place and method of reading, as well as the relief of infringement of the right.