Exploration And Construction Of The Right Of The Pursued Person To Read The File

Since the concept of human rights was introduced into the field of criminal procedure,the litigation rights that the accused should enjoy as the subject of criminal procedure has been a hot topic.Both at home and abroad,the missing part of the rights of the accused is constantly improved in legislation and practice.Reading right is one of the most important defense rights of the prosecuted.In 2012,the criminal procedure law of our country added a new provision for lawyers to verify relevant evidence to the prosecuted.Although it has caused a new round of discussion on reading right of the prosecuted in the theory circles and judicial practice,the development of reading right of the prosecuted is still very slow in the legislation and judicial practice.The subject of the reading right stipulated in our country’s criminal procedure law is defender rather than the prosecuted.The theory circles hold many opposing views to this,and the disputes about the reading right emerge endlessly.In the practice of criminal justice,whether it is disclosed by the public prosecutor for the purpose of investigation or the defense verifies the evidence to the accused,the accused can more or less obtain the information about the case,but this information is fragmented or even unclear,and cannot protect the interests of the accused,let alone be equal to the right of examination.As the subject of criminal proceedings,the person prosecuted does not have the real right to examine the papers,but can only learn the information of the case files through the hands of the defender.The dominant power of their fate is in the hands of others,and their heart feels uneasy and does not need to say much.However,as the subject of the examination right,the defender is not the witness of the case,so he needs to verify the authenticity of the information of the case file to the person being prosecuted.This will not only increase countless communication costs,but also increase the difficulty of the defense,and even greatly reduce the final defense effect.Although the defender has the right to review papers,but does not have the litigation subject status,and is restricted by the risk of practice,sometimes it can not play the full effect of the right to review papers in criminal proceedings.Based on the above conditions and the reality of our low defense rate and the wide application of the lenient system of guilty plea,it meets the needs of overseas countries under the rule of law to fully protect the litigation rights of the litigants.It is the general trend that the litigants enjoy the right to review papers.It should be clear that the litigants as the right subject of reviewing papers should have a complete right to review papers.And by constructing a complete operation mechanism of the respondent’s examination right to ensure the respondent’s exercise of examination right in person.Apart from the introduction,this paper consists of the following four parts:The first part clearly defines the concept of the examination right of the accused.Through the introduction and comparison of three theories,namely,"the inherent right of the defender","the separation of the right owner and the right exercise",and "the co-ownership right of the defender and the accused",the commonness and differences of the three theories are analyzed,as well as their respective advantages and disadvantages.The choice suits our country criminal procedure law present situation and development trend of world criminal procedure law idea.The second part expounds the legal basis and litigation value of the respondent’s examination right,and reflects the rationality of establishing and running the relevant system of the respondent’s examination right through the detailed discussion of the legal basis and litigation value of the respondent’s examination right,and refutes the views against the respondent’s examination right in a targeted way.The third part describes our country’s current situation of the prosecuted right to review,including the legislative omissions and practical difficulties,and analyzes the cause of the above situation and stresses the necessity of formulating and improving relevant system of the prosecuted right to review.The fourth part discusses the concrete construction of the prosecuted person’s reading power system in our country and how to exercise the prosecuted person’s reading power.In order to avoid the abuse of the examination right of the accused and the violation of the examination right,the dual measures at the entity level and the procedural level are adopted to regulate and restrict the exercise of the examination right of the accused.