A Study On The Right Of Verifying Relevant Evidence On Counsel

According to Criminal Procedure Law of The People's Republic of China,from the date on which the case is transferred for examination before prosecution,a defense lawyer may verify relevant evidence with the criminal suspect or defendant.The article entitle the defense lawyer to verify relevant evidence in order to protect the fundamental right of the defendant.It also benefits making judicial justice come ture and improving the efficiency of litigation.But the new Criminal Procedure Law just entitle the defense lawyer,it doesn't instruct how to realize the right.There is no explanation of the content,range and exercise of the right.The absence of explanation result in the invalid of the right in reality.There is much controversy over the theory and practice about this question.For inquiring into the right of verifying relevant evidence with the criminal suspect or defendant,the paper should analyze this question theoretically to make the nature of the right clear and understand the significance of the right.In addition,we should define clearly these concepts of verify relevant evidence with the defendant and the prosecutor's right to review the paper.And then the paper should analyze this question practically to analyze the content,range,exercise,and the relief measures of the right.Besides,the paper should make suggestions to the right of verifying relevant evidence with the defendant with reference to the legislation of the foreign countries.This Paper is divided into four chapters.The first part researches the theory of the right of verifying relevant evidence.It contains the theoretical controversies about the right,the nature of the right,the significance of the right and the relation between the right and the prosecutor's right to review the paper.The second part analyzes the questions in legislation and reality.It also demonstrates the controversies about content,range,exercise,and the relief measures of the right over the theory and practice,and then put forward the viewpoint.Besides,summarize the problems on the enforcement of right and probe into the reason of the invalid of the right in reality based on empirical method.The third part put forward some suggestion about how to enforce the right of verifying relevant evidence with the defendant based on the reason of the of the invalid of the right in reality and the legislation of the foreign countries.