辩护律师阅卷权实证分析-法律学专业论文.docxVIP

PAGE PAGE 1 Abstract The defense system is an important component in the criminal justice system，and the marking right for the lawyers is the most important part among all legal rights for the lawyers. Based on the judicial present situation of our country, the independent evidence ability of the defense is weak, largely unable to support the process of searching and collecting the criminal cases database and the relevant evidence materials. So the marking right became the most important one to protect the attorneys right to get informed, and the exercise of degree can make an enormous impact on the overall defense effect. From the criminal procedure law that has modified in 2012, the legislative achievements about the marking rights for the defense has been admired by the academia and practical circle. But we still need to seek that if the presentation of the judicial practice can reach the purpose of the lawmakers，which is hoping the marking right of the defense can make the prosecuting and defending parties be equal. To inquiry the operational state of the marking right for the defense after the largely amended of the law，through empirical study, selecting the judicial practice feedback from some lawyers in seven cities, this paper is trying to reflect the marking right for the lawyers in the practical running statustruly and objectively, and seeking the development direction which can make the marking right for the lawyers get real security. The article is divided into three parts, about 30,000 characters. The first part is the analysis and summaries about the operation conditions of the marking right for the lawyers. After searched the relevant issues about the marking right in the criminal defense from 136 lawyers in 7 cities, including the main way to get the relevant informations from the case; the main way to apply for marking; timing for lawyers involvement in marking; the main field of marking for the lawyers; should allow the lawyers read records dur