On The Reading Files Right Of The Accused

In criminal proceedings,defendants often face severe criminal penalties(the confiscation of property funds,the deprivation of personal freedom even the end of individual life).In this situation,“Unarmed” criminal suspects or defendants can only wait the trial.To change this imbalance,the best way is to give the defendants the right to reading files,so that they can "arm themselves".They can defend in a targeted manner based on adequately reading of the files.And also,this right can be exercised together with the reading files right of counsels,so that they can form the defense force that can contend with the prosecution,thus safeguarding the defendants' legitimate rights.In this paper,the author points out whether the defendants should have the right of marking and how to exercise this right of self defense in the light of the present situation of the scoring of each participants in the criminal procedure.In the study,the author insist on problem-oriented method,analyze the reasons of the problems,trace back to the jurisprudence and combine the reality.The comparative analysis method is also used and the reading files right of defendants and counsels is analyzed comprehensively,thus the legal conception of coordinately exercising of reading files right of defendants and counsels is put forward.This is also the innovation of this paper.In the introduction part,this paper takes the problems which appears in the judicial practice as the starting point and leads to the topic that this paper will discuss,that is,the reading files right of the defendants.In the first part,the author analyzes the respective scoring situation taking the subject of criminal procedure as the classification standard,and points out that all the specialized agencies can unconditional scoring,including the defense counsels.However,the criminal suspects or defendants who have the closest and most vital relationship with the referee result of the case should have not been given the reading files right.In the second part,it is reasonable to put forward the rationality of the defendant's right to read files-the analysis in the legal aspect,the necessity-realistic consideration and analyze the possible risks.In the third part,first,the author briefly describes the defenders' reading files right.And then to solve the confusion of the first part,the author does the comparative analysis of the reading files right of the defenders and defendants,including the same part and the difference.In the fourth part,the author analyzes the irreplaceable and complementary nature of the reading files right of defendants and counsels,and then puts forward the concept of coordinated exercising of the two parties' right in criminal proceedings and gives some suggestions.