Research On The Rights Of Reading Criminal File Of The Accused In Criminal Proceedings

For criminal defendants,it is paper inspection that is all-important to attain the materials in the cases.In recent years,under the influence of a series of judgments in European Court of Human Rights,it has been the common trend to endow defendants’ reading right in some degree.However,in our country,the criminal defendants’ reading right is still inexistence,also controversially in theory.Therefore,researching the issue of criminal defendants’ reading right is quite essential.It not only could strengthen defendants’ basic rights and interests,but also is helpfful to solve the problem of reading hard in juridical practice.And it has positive meaning for improve our criminal procedure.To this end,this article discusses the problem focusing on defendants’ reading right.First,it introduces the controversies of defendants’reading right and then states the legitimacy of defendants’ reading right.At the same time,learning from the processing mode in European Court of Human Rights,analyzing the defendants’ reading right in our country,it proposes the preliminary ideas of our defendant’reading right system.Besides the introduction and conclusion,this paper is divided into four parts.The first part represents the controversies of defendants’ reading right.It mainly introduces and analyses the current controversies of defendants’ reading right in the academic field,raising the view that defendants should enjoy the reading right finally.Whether the defendants should have the reading right or not is controversial.There are opponents as well as approvers in the academic field.While facing the strong controversies between them,it must think whose reading right it is.In our country,it pursues the theory that reading right is the inherent right for lawyers.Is it perfect?As the procedural bodies,why do defendants not enjoy this right?Obviously,they are wrong.Reading right is not only the important content of defendants’ defense right,but also the necessary condition for them to attain justice judicial authority.Hence,it is the defendants as the main body of reading right that should have the right to read.The second part is mainly from the perspectives of the typical cases Kamasinski v.Austria,Foucher v.France and Ocalan v.turkey in ECHR to expound the problem of defendants’ reading right.On the basis of conclusion of the three cases,the basic view towards the reading right in ECHR is attained.The main body of reading right should be the defendants.Defendants’ reading right could be restricted only in urgently situation.Defendants’ reading right is essential and the paper should be read as early as possible,or it would ruin the defendants’ defense right.Although ECHR adopt case law which is not fixed operation pattern,it is becoming the common standard for all European signatories that the related cases and its spirit.Meanwhile,it is the important authoritative reference for the establishment of defendants’ reading right.The third part mainly discusses the defendants’ reading right in our country.In legislation,the Law of Criminal Procedure in 2012 did not rule defendants’ reading right,while it just added the right for lawyers to check related evidence with defendants.Whether it establish indirect defendants’ reading right or not is still unknown.In practice,judicial office opposes it.Shouguang city as the experimental unit,during the discovery of evidence,the advantages of defendants’ reading right were approved,but it was not up to the level of legislation.Therefore,seen from the situation in our country,the defendants’ reading right is still in absence.The missing results in some drawbacks.For example,the due procedure value could not be reflect.Court impeachment becomes a mere formality.The reading hard problem for lawyers could not get judicial relief.Seen from the reasons of missing,it mainly because of the traditional theoretical influence in civil law,and the lag of authorities’ litigious idea.Hence,building the right of defendants’ reading has all-important practical significance for our country.The fourth part mainly puts forward the building of defendants’ reading right in our country,which is also the creative point of this article.Learning from the processing mode in ECHR as mentioned earlier,combining with the real situation in our country,it presents we should establish defendants’ reading right in the future lawmaking,and then builds our defendants’ reading right mechanism which is mainly includes its realization route,time,scope and judicial relief.