China's Legislative Changes And Practice Reflections Of The Reading Right Of The Defense Lawyer

As early as in the case of the “Presidential Order Legal Affairs Bureau's Review of the Law on Reaffirming the Law of Complaints” issued by the Nanjing Provisional Government,it was pointed out: The judiciary is independent,and it must not be assisted by a lawyer.Except for the prosecution,it is necessary to set up a lawyer to complement it.The system must be parallel and the future of justice can reach a complete area." It can be seen that the lawyer's importance to the independence of the judiciary.How to protect the rights of lawyers is still one of the focuses of the legal profession.As an important right for defense lawyers,the right to review was first established in the Criminal Procedure Law of 1979.The 1996 Criminal Procedure Law made certain amendments to the defense system,including the right to review defense lawyers.The current criminal procedure "Law" has also made a larger amendment to the lawyer's right to review.The purpose of setting up defense lawyers' right to review is to truly balance the prosecution and defense and help the defendant to effectively enjoy the right to defense.According to the provisions of the current "Criminal Procedure Law",defense lawyers can refer to the case materials from the date the case enters the examination and prosecution.In view of the specific time,scope,and procedures of the marking process,detailed provisions have not been made.Practices in various local procuratorates and courts are not consistent in practice.Infringement of defense lawyers' right to review the right to write has also occurred from time to time,and the theoretical circles have paid more attention to it.With the advancement of science and technology,especially the advent of the Internet age,the methods of marking have become diversified,and the means that prevent defense lawyers from exercising their right to review have emerged in an endless stream.Therefore,the theoretical discussion on defense lawyers' right to review is more practical and needs further study.In addition to the introduction and conclusion,the article is divided into four parts.The first part is the basic theory of the defense lawyer's right to review.According to the provisions of the current Criminal Procedure Law and related laws and judicial interpretations,the right to read as a lawyer has a close relationship with the right to defense.Based on the prosecutor's allegations in the face of the complainant,because of his own thinness,it is difficult to truly achieve equal defense and defense.The law grants defense lawyers the right to review,not only can achieve the sharing of evidential materials,achieve balance of prosecution and defense,but also help protect the legitimate rights and interests of the person being prosecuted.In the second part,the legislative changes of defense lawyers' right of reviewing in our country.In order to more fully understand the current content and shortcomings of China's current defense lawyers' right to review the system,the article conducts analysis and comparison through vertical and horizontal comparisons.In the longitudinal direction,we have reviewed the legislative changes in the time,scope,location,method,and rights of the defense lawyers in China;in the horizontal direction,we have comparatively studied the legislation of Chinese and foreign defense lawyers' right to review.The right to review the defense lawyers in China started relatively late.The system of marking the civil law system and the evidence display system of the Anglo-American law system have their own characteristics.The historical experience is worthy of reference.The reasonable components in foreign legislation are worth learning from.The third part is the new changes in the right of lawyers' review of the current "Criminal Procedure Law".After the implementation of the current "Criminal Procedure Law",the provincial and municipal procuratorates have issued relevant documents in order to regulate the reception of lawyer services,requesting the establishment of a special case management organization;in order to improve the efficiency of marking,the conditional procuratorate is required to establish an electronic marking system.In order to fully protect lawyers' right to practice,each case-handling agency,judicial administrative agency,and lawyers association established a joint conference system to ensure the lawyers' right to work by regular communication and timely investigate and handle the protection of lawyers' right to practice.In the fourth part,the difficulty faced by the lawyers' right of reviewing in our country and its improvement suggestions.The content of the current “Criminal Procedure Law” concerning the defense lawyer's right to review the file is too general.In practice,there is no uniform standard for reference,leading to the inconsistent application of defense lawyer's right to review the scope of the defense prosecutors and courts;The right-level relief mechanism is not covered by the current Criminal Procedure Law.Although a number of regulations and methods have been introduced,there is still a disconnect between legislation and practice in practice.On the basis of analysing the issue,the article made targeted recommendations for perfection,so that the defense lawyers' right to review the system is more scientific and complete.