Research On The Victim’s Right Of Materials Reading In Criminal Court

The amendments of Criminal Procedure Law was officially approved in March 2012,which authorized criminal defense lawyer to request and review case record at time of submission to procuratorate.Further,the amendments provided a relatively comprehensive guarantee to manners and quantities of review procedure based on regulated roles and standards.The difficulty of request and review case record for defense lawyers has been mitigated and improved during criminal procedure.Similarly,the issue of how to guarantee victim’s right of request and review is crucial for consideration.Judiciary authorities often limit and restrict victims and/or their agents to access case record in juridical practice.The reasons include:party does not belong to victim or agent of civil action plaintiff,or Criminal Procedure Law does not authorized victims to request and review case record.These reasons have prejudiced victims’ right to know and created difficulties to victims’ right to appeal.Identifying victims’ identities and recognizing their right to know of criminal case are important and necessary approaches to guarantee victims’ fundamental rights.Victims should be a precisely legal definition and the scope should be regulated by law.Judiciary authorities should not randomly restrict and limit victims’ right to know.Lawyers,as an agent on behalf of victims,should be authorized to have right to request and review case record.The agents on behalf of plaintiff in criminal procedure with civil actions should have equivalent right to request and review case record as defender.In addition,agents of civil actions should also be authorized to request and review case record.It is inappropriate that Judiciary authorities using reasons such as national classified information and security of case procedure to restrict and limit agents’ right to request and review case record.From perspective of public interests,victims should not reveal case record and/or related information and legal agents should not abuse their right to request and review.As for victims who are unable to afford a legal agent or lawyer in criminal procedure or plaintiff in criminal procedure with civil actions,legal aid including free and/or government funded legal agent should be considered and implemented to secure victims legal rights during procedure.