Abstract:
There exists a difference on the applicable scope of lawyer's right to reading files between the article 34 of amended Law of PRC on Lawyers and contemporary systems embodied in criminal procedure law of China,related judiciary interpretations and administrative regulations.Refer to the jurisprudence,the applicable scope of lawyer's right to reading files should not be unrestrained.The application of the right should be limited according to the content of disclosure,relevancy of evidence,representative of prosecution,principle of independent trial and legal professional ethics.Consequently,instead of the inner files,only original files transferred by investigative organs and the other materials transferred by procuratorial organs can be examined by lawyers in different stage.