Research On The Defendant's Right To Read Files

The defendant's right to read is a major controversial proposition in the theory and practice of criminal Procedure.From the theoretical basis,the legitimacy and rationality of the defendant's reading right can be verified,and from the point of view of judicial practice,the existence of the defendant's right to reading is also an important step to promote the continuous development of China's criminal system.How to construct the legal system of the defendant's reading right and make the relevant provisions on the defendant's reading right in order to protect it is a problem that the criminal procedure in our country has to face at present.The defendant's right to read is the defendant's access to all the case file evidence in a short,be available to the prosecution before the court.Giving the defendant the right to reading will enable the defendant to improve his defense ability in the face of a strong prosecution,so that the defense can make effective evidence,pass the certificate and make a convincing defense opinion in the trial.Giving the access to the files to defendant will make the defendant's proper right to defence not be infringed,and it is the defense that can conduct a fair confrontation with the prosecution in the course of the trial.For a long time extraterritorial,the European countries have given the right to see the defendant,which is the requirement of judicial competition,but also the principle of equal arming.This not only protects the human rights of the accused,enables the accused to effectively exercise his right to defence,but also tends to balance the strength of both the prosecution and the defence in order to arrive at a more just outcome of the trial.The reason why the Chinese mainland can not specify the right of the defendant to see is not clear,but only to stipulate that the defense lawyer has the right to verify the evidence to the defendant when meeting the defendant.This is because in our country's judicial practice,the defendant's reading will probably cause many adverse consequences such as retraction,revenge on the victim,witness,abetting the witness perjury and so on.How to solve these problems has always been an inescapable question.Based on many problems that may be brought about by the defendant's reading right,the author thinks that a strong legal system of relevant defendant's reading right should be established so that the problem can be solved properly and recognized and supported by all parties.