The Research Of Chinese Marking Right Of Defense Lawyers

The defense system plays an important role in the criminal justice system of our country,and the marking right for the lawyers is the most important part of all legal rights for lawyers.The current judicial situation of our country is that the independent ability of the defense party to get evidence is weak,and basically it can't independently support the process of searching and collecting the database of criminal cases and the relevant evidence materials.So the marking right of the defense lawyers becomes the most important one to protect the attorneys' right to know the whole situation of the cases and evidence.Although the discovery system really do well in protecting human rights,it is a necessary way to build the system in reformation of Chinese marking right of the defense lawyers,which is not completely accordant with our country's current judicial situation.Based on the present situation of criminal justice,it is more feasible to improve the existing system and relevant regulations,and it can solve the current problems of marking right of the defense lawyers.The legislative achievements about the marking right of the defense lawyers in the Criminal Procedure Law which has been modified in 2012 have been accepted by the academic and practical circle,but we still need to seek whether the purpose of making the prosecuting and defending parties be equal can further be achieved by carrying out the marking right of the defense lawyers.After the Criminal Procedure Law has been modified in 2012,there's an obvious progress about the marking right of defense lawyers,the traditional difficulties about the marking right of defense lawyers have been largely mitigated.So the key researches of this paper are the legislative problems of marking right of defense lawyers in our country and the measures of refining it.This paper find out that the marking right of the defense lawyers has following problems by combing research: first of all,according to the Criminal Procedure Law,the defense lawyers don't have marking right in the investigation stage.Secondly,because the Criminal Procedure Law don't have effective stipulations towards saving and delivering of cases,the defense lawyers really suspect the integrity of the materials of the case in the criminal judicial practice.Finally,because the Criminal Procedure Law only stipulated that the defense lawyers have right to mark the materials,but did not stipulate the scope of it,so the investigating organ and the prosecuting apparatus always decide it in practice.Therefore,we need to do following things to refine the marking right of defense lawyers in our country.Firstly,bring forward the marking right of the defense lawyers to the investigation stage in the legislation.Secondly,regulating the process of saving and managing of all materials,making sure the defense lawyers can roundly and integrally check,copy and extract materials of the case,especially those materials which are benefit to the accused.Thirdly,enlarge the scope of marking right of defense lawyers.Fourthly,no remedy,no rights.So,it is necessary to provide the measures of remedy to defense lawyers whose marking right has been infringed.