Research On The Criminal Defendants' Right To Consult Case Materials

Under the background of On Reform of Trial Centered Lawsuit System and the Judicial Guarantee of Human Rights,the criminal defendant's right to know has become the focus of the work of rule of law.Since the defendant's right to know is embodied in the defendant's right to consult case materials,the construction of the defendant's right to prosecution,consult,extract,duplicate case materials is the concrete implementation point of the reform of litigation system.The defendant's right of consulting case materials is helpful to realize the equal confrontation between the accused and the defense.Cause it is helpful to realize the effective defense of the defense,to promote the efficient communication between the accused and the defender,to facilitate the discovery of the truth of the case,and to be the premise of the defendant's effective defense.It affects the ultimate realization of the defendant's human rights.At present,the right of consult case materials in the Criminal procedure Law of our country revolves around the right of the defender.The legislation attempts to satisfy the defendant's right to consult case materials through the right of the defenders and their rights to prosecution,consult,extract,duplicate case materials and the meeting between the defenders and the defendants to verify defendant's right to know.However,the defendant is the object of the court trial and the ultimate acceptor of the judgment result,the defendants should have the defense right superior to the defenders.The defender s' right to know comes from the defendant but superior to the defendant,which reflects the error of the defendant's role.The defendant is the defender,not the provider of verbal evidence,and since he or she is the defender,he or she should have the necessary preemptive right-the right to prosecution,consult,extract,duplicate case materials.Even in the future,defense lawyers are coveraged in all criminal cases,it is should not be denied because they are non-substitutable.Because the defender's right to know cannot replace the defendant's right to know case materials.The defendant's right is the premise of effective communication between the defendants and the defenders,the premise of the defendant s' effective defense and the need of the judicial protection of human rights.The stipulation of defender's right to know is short of in material level in the past,and the social level of limited case handling level is reasonable.However,with the improvement of material level,the level of handling cases and the awareness of human rights,we have the legislative basis,the judicial practice basis and the human rights consciousness foundation of establishing the defendant's right to prosecution,consult,extract,duplicate case materials.From the perspective of comparative law,in recent years,Germany,the United States,South Korea and other countries have set off a legal reform of the defendant's right to know,so it can be seen that the construction of the defendant's right to know in criminal proceedings is also an inevitable trend of our country's future legislation.Theoretically,the construction of the defendant's right to prosecution,consult,extract,duplicate case materials is helpful to realize the effective communication between the defense defendant's defenders,the equal confrontation between the prosecution and the defense,the effective exercise of the defendant's right of defense,and the discovery of the truth of the case.The construction of the defendant's right can improve the communication efficiency between the lawyer and the defendant,save the judicial resources and protect the defendant's human rights.