Research On The Material Reading Right Of The Accused

In modern society,the protection of the litigious right has got more and more attention.The defendant litigation rights scope has expanded and litigious right protection mechanism has been improved.All of those show the gradual improvement of the concept of respect and safeguard human rights.Meanwhile,close attention is paid to the protection of the defendant litigation rights in the legislative activities of our country.For example,in the revision of "Criminal Procedure Law" in 2012,the exclusionary rule of illegal evidence has been established;the time to entrust defenders has been advanced;the criminal coercive measures have been improved.All of those perfections of the legislation show respect and protection to the litigious right.At the same time,in order to solve the difficult problem of "marking difficult" in criminal procedure,"Criminal Procedure Law" not only gradually expanded the scope of defense lawyers,but also put up a new clause in the thirty-seventh article fourth,that “Since the date of the case transferred to the prosecution,the defense lawyer can verify the relevant evidence to the defendant”.Some scholars cognizance this article as the legislative authority of the accused's material reading right.And they affirm that the defense lawyer can verify all of the contents of the case.But some judiciary staffs present a clear objection.They think “verify” can only be interpreted as that “the defense lawyer can communicate case information to the accused,but lawyer can't directly entrust the accused the right of material reading”,and the contents of the verification should be strictly limited.Whether the accused has the right of material reading or not has not been resolved,as well as the way,the scope and the stage of the right of material reading.The material reading right of the accused has not been structured,so the accused will face many obstacles when they perform the material reading right.The accused,as litigation participants who have procedural subject status,should have the right to know the content files and use them to defend.The material reading right is the premise of exercising the right of defend,and is also the guarantee of equal confrontation.So I think the accused have the material reading right.Many scholars who oppose the accused has the material reading right pay more attention to the interests of the victims,witnesses and other litigant participants.Admittedly,if the accused has the material reading right,it may lead to some negative effects.But we can perfect the system design to balance the interests among the accused,other litigant participants and the nation.Firstly,as for the exercise of the material reading right,there should be a distinction between two kinds of situations: the accused has a defender and the accused has not a defender.When the accused has a defender,the defender shall exercise the material reading right,and the accused can only get the information of the case through the way that the defender verify it to him.For that who does not have a defender,he shall exercise the material reading right by himself.Secondly,we should divide the scope and the limit of the material reading right according to the different types of evidence.As long as the evidence has stable form and there is no evidence of damage or loss,we should allow the accused to read all of the material,.When the evidence does not have stable form,we should give the accused a limited right to read material..Once the accused knows clearly about the evidence that is easy to cause obstruction to the litigation activities,we should deal with the content of evidence by cutting.At the same time,the judicial organs shall provide convenience for the accused to exercise the right of material reading by making use of the Internet platform and adding electronic marking channels.Finally,in the establishment of the material reading system,we should attach importance to the following questions: At first,the accused can exercise the right to read material during all stages of the proceedings.In the investigation stage,we can relax the restrictions of the marking right.We should assure the accused know the evidence which is procedural or comes from the accused himself.In the prosecution stage and trial stage,we do not limit the marking rights gradually in addition to special restrictions.Secondly,how to start reading right.We should add the disclosure duty of the judiciary to ensure that the accused knows clearly about the right he has.At last,the relief system of violating the right of reading material.We should ensure that the accused has sufficient rights relief through the establishment of the judicial review mechanism and the procedural sanction in the trial procedure.