On The Right To Read The Files Of The Accused

The right of review is not only the right of defense but also an important means to realize the equal confrontation between prosecution and defense.With the wide application of the lenient system,the trial procedure is greatly simplified,and the right to a fair trial is the most important right for the accused.The simplification of procedure is bound to be accompanied by the derogation of rights.In order to guarantee the legitimacy of criminal proceedings in the context of simplified trial procedure,it is necessary to endue the accused person with full right of defense in the pre-trial stage,and his/her right of review should be considered first.This paper is divided into five parts,the main content is as follows:The first part discusses the necessity of the right of review under the context of the lenient system of admission of guilt.The right of review is not a new topic,but it is particularly important under the current situation that the admission of guilt is carried out in a wide range.There is a close relationship between the right of the accused to read the papers and the wisdom of guaranteeing admission of guilt and punishment,and it is also an important guarantee for the substantive justice of the final judgment of the case of admission and punishment.The second part analyzes the theory and system basis of the right of review.There is a profound theoretical basis for the right of the accused to read the papers.Although it is not explicitly stipulated in the criminal procedure law,the contents of many clauses in the criminal procedure law can be covered in the right of review of the files of the person being prosecuted or on the premise that the person being prosecuted has the right to review the files.The third part analyzes the views of the opponents on the right of review of the respondent,and points out the problems in these views,and further affirming the legitimacy of the right of review of the respondent.The fourth part starts with the development status of the right of review of the person being prosecuted outside the region.The right of review of the person beingprosecuted has been affirmed in many countries outside the region.It also analyzes three typical cases of the European court of human rights,and analyzes the viewpoints of the right of review of the person being prosecuted.The fifth part is about the system design that entrusts the right of review to the accused.Based on the investigation of the comparative law in the fourth part,this part designs the review system of the respondent which is more in line with the current situation of China,and designs in detail the stages,methods,scope of review,limitation of review rights and relief procedures when the review rights of the respondent are violated.