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Criminal Prosecutors Study The Right To Read

Posted on:2019-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z WuFull Text:PDF
GTID:2356330542490240Subject:Law
Abstract/Summary:PDF Full Text Request
The right of reviewing case files belong to the defender in criminal proceedings many years ago.In recent years,as the judicial practice circles began to pay attention to the rights of the respondent in many countries,they have acknowledged the right of reviewing case files of the accused.The west countries researched the right of reviewing case in early time,The study of the theory of reviewing case started late in china,but there is a fierce disputation between the judicial theorists and the practice community on whether to give the accused the right of reviewing case.In the legal regulation China pay more attention to defender and gradually improved in the operation level,But the right of reviewing case of respondent delayed in the introduction of legislation.China need consider many reasons in the legislative level.However,there is no denying the fact that giving the accused the right to review have theoretical basis,Not only is it helpful for the defendant to effectively defend and balance the prosecution and defense,but also it is beneficial to the improvement of the country's legalization process.Countries have reached a consensus in Judicial Reform,Man is the purpose rather than the means,and the subject rather than the object.We can clearly find a focal point from the history of criminal proceedings,The rights of the respondents are continuously improved along with the development of criminal lawsuits.this paper points out the defects of China's existing system in order to establish better system of defendants reviewing case files through the theoretical analysis of reading case record of defendants,comparing the difference of systems between China,comparing the different evidence and common law Discovery Systems between domestic and western law,The author will give some recommendations to rebuild the reviewing case file about judicial institution.Regarding to the time of reviewing the case files,it is more practical to operate on the day of prosecution,which is due to the closed nature during the investigation.Also,it is more referential because in China's current reading case records system for lawyers the reviewing date starts when prosecutioninitiates as well.About the location of the reviewing,the “Review anywhere as the case records are”can be applied.In the exercising of the reviewing case files,In order to avoid the original materials are destroyed or tampered by the accused,The defendants can read by electronic method,If the judicial department do not have facilities for defendant to read by electronic method,It is proper for defendant himself to review the copy of case materials.In the range of the case materials reviewing,given the state secrets,commercial secrets or individual privacy as well as relating other cases' interests are involved the reading should be limited.If witness protection is involved from the case materials,the judiciary can conceal the relevant witness private information first and subsequently let defendant access the case records.To ensure the effective enjoyment scoring defendant the right to remedy this article also after rights have been violated,according to China's Criminal Procedure Law remedies available to other rights,Adjournment,illegal evidence exclusion and remanded relief and other measures to ensure that the problem can be effectively marking rights.
Keywords/Search Tags:criminal defendant, the right of reading case files, accused and defense equal, system construction
PDF Full Text Request
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