The Accused Man Marking Rights Establishment And The Safeguard

Since the establishment of the rights to read the files in the criminal proceedings,they have been exercised by the defender,and also been regarded as the right of defenders.The defenders make great contributions to the justice of the criminal justice trial through the exercise of the scoring rights.However,in our dalily life,there are a large number of criminal cases without the participation of lawyers,without the authorization of the law,the accussed can only defend by himself.There are no rights to read the files before the trial and the limited rights to read the files in the trial,so they could not guarantee the effective realization of the right of self-defense.In the legislation and practice,the situation of the lackness of the rights to read the files are both existing.It is not only the need to realize the balance between the prosecutions and defenders,but also the requirement of human rights protection to entitle the defenders the rights to reading the files from the legislation.But,permit the suspects and the defendants to check the files has caused some institutional risks.Such as,the original files may be damaged,the defendants may be repudiate their testimonies and so on.Following,Based on the balancement of interests of both parties,combined with the property of the right and the basis of juristal theroy of the right to read the files,taking into account the characteristics of China's judicial system and refer to experience from foreign countries,some suggestions will be put forward for the construction of the system.