Research On The Criminal Defendant’s Right To Consult Case Materials

In 2012,the Criminal Procedure Law added a new provision for lawyers to "verify relevant evidence" with the person being prosecuted,which triggered research on the establishment of a system for the right to consult the file of the person being prosecuted.In the context of promoting the reform of the trial-centered litigation system and the judicial of human rights,giving the prosecuted person the right to consult the case file is the proper meaning of the topic of guaranteeing his right to defend his autonomy.After the establishment of the plea system,the trial procedures have been greatly simplified,and the research background on the protection of the human rights of the prosecuted person has undergone major changes,and the right to consult the case file,which is the core content of the right to defend the person being prosecuted,urgently needs further discussion.In addition to the introduction,this article has five parts,the main contents of which are as follows:The first part defines the concept of consulting the case file,analyzes the conflict between the dual roles of the respondent in the field of the right to consult the file,and clarifies that the system of the right to consult the file of the respondent is conducive to strengthening its "defender" role.The second part discusses the basis of the legitimacy of the respondent’s right to consult the case file,and as the core concept of confrontational adjudication gradually penetrates into the criminal procedure laws of various countries,the status of the subject of the prosecution and the effectiveness of the defense have increasingly become the focus of attention of various countries,thus laying a theoretical foundation for the right of the prosecuted person to consult the case file.The third part mainly analyzes the legislation and practice of China’s current respondent’s right to consult the case file,and the "verification of evidence" by Lawyers in China does not mean that the respondent has been given the right to consult the case file;in practice,it is difficult to ensure the right to know the information of the prosecuted person by relying on the lawyer to consult the case file.The fourth part is mainly the investigation and reference of comparative law,first of all,a horizontal comparison is made between the two institutional models of the two major legal systems on the right to consult the file,and on this basis,the internal root causes of the differences in the subject,stage and scope of the two models in the consulting of the file are summarized,and then combined with the current institutional environment in China,the system of the right to consult the file of the prosecuted person is established to provide an effective reference.The fifth part mainly designs in detail the system of the respondent’s right to consult the file that conforms to the current situation in China from the aspects of the subject,stage,scope,realization method and dispute resolution measures of the right to consult the file in accordance with the current situation in China,based on the actual dilemmas raised above,combined with the effective experience outside the region.