On The Marking Rights Of The Defendant

With the development of the rule of law civilization and the popular idea of human rights protection,legal workers pay more and more attention to the right of defendants to read papers.Extraterritorial research on the defendant's right to read papers is gradually deepening,but our law on whether the defendant enjoys and how to exercise the right to read papers is not stipulated.The Criminal Procedure Law of our country has undergone three changes before and after,in 1996,2012 and 2018 respectively,among which the 2012 changes have further broadened the scope of defenders,especially defense lawyers,to exercise the right to read papers,but the right of defendants to read papers has not been regulated accordingly.In our country,the defendant usually The Defender's Office obtains relevant information on the case,but for defendants who do not have a defender to defend themselves,they can only know part of the case information at the time of court proceedings.In such cases,the accused can not make an effective defence,which is extremely detrimental to the rights of the accused and the fair trial of the case.To a certain extent,the system of the defendant's no marking right has caused an impact on the current judicial practice of our country.In addition,the establishment of the system of the defendant's right to read papers is conducive to the full realization of the defendant's status as the subject of litigation,the balance of prosecution and defense and the defendant An effective defence of human beings is also of great benefit.This paper is divided into six parts:The first part,introduction.The author makes a brief exposition on the background and significance of this thesis,as well as the research methods and approaches.The second part,the status quo of the right of the accused in our country.The author analyzes the present situation of legislation,theory and practice respectively.Combined with the Criminal Procedure Law of 2012 to analyze the current level of legislation;and to summarize the current academic views of our country;finally combined with the new development of judicial practice in China to discuss.The third part,the right to review the ownership of the dispute.Based on the analysis of legislative practice and theoretical analysis,the author sums up the ownership of the right to read papers into three kinds of theories: the theory of the defender's inherent right,the theory of the separation of the power owner from theright-executor,and the theory of the defendant and the defender's common right to say.The fourth part,the necessity that the defendant has the right to read papers.The author thinks that the defendant's right to read papers is based on the needs of the defendant's subject status,which is conducive to the balance of prosecution and defense and effective defense.In our country,the defendant's right to read papers plays a positive role in realizing the substantive trial,alleviating the problem of more cases and less cases,and improving the efficiency of litigation.The fifth part,the investigation of the right to read papers for extra-territorial defendants.Taking the development of the defendant's marking right system in Germany,the European Court of Human Rights and Taiwan as an example,the author further interprets the specific provisions of the above countries(regions)concerning the defendant's marking right system,and studies the legislative experience of other countries(regions)in order to have reference significance for the construction of the defendant's marking right system in China.The sixth part,the system structure of the defendant's right of marking papers.The author puts forward some suggestions on the construction of the system of the defendant's right of marking papers from five aspects: subject,time,mode and place,scope and limitation,and relief mechanism.