刑事诉讼中被追诉人及其家属证据知悉权研究

证据知悉权是被追诉人及其家属知情权的核心内容。我国刑事诉讼中阅卷制度的权利主体是辩护律师,学界对辩护律师阅卷权问题给予了较多研究,而对被追诉人及其家属证据知悉权问题则关注不够。核心问题有三个:一是无律师帮助的被追诉人证据知悉权的实现问题。二是有律师帮助的被追诉人的证据知悉权问题,即辩护律师能否将阅卷取得的证据材料披露给被追诉人。三是被追诉人家属的证据知悉权问题,即律师能否将阅卷、会见和调查取证所获得的证据材料向被追诉人家属披露。这三个问题无论在理论上还是在实践中都具有争议性,实有从法理上予以探讨的必要。应当在证据知悉权与相关权益进行权衡的基础上,制定解决问题的若干规则。

The Accused and Their Relatives' Knowledge of Evidence in Criminal Proceedings

Knowledge of evidence is the core of right to information of the accused and their family members.In criminal proceedings in China,lawyers for the accused are entitled to read records,about which much has been discussed by scholars.However,knowledge of evidence of the accused and their relatives seems to have been ignored.Thus,the present endeavor intends to observe three questions:1) knowledge of evidence of the accused without assistance of lawyer;2) knowledge of evidence of the accused with a lawyer,i.e.whether the defense lawyer can disclose the information acquired while reading the records to the accused;and 3) knowledge of evidence of the family members of the accused,i.e.whether the lawyer can disclose the information acquired in records reading,interviewing and investigation to the relatives of the accused.The three questions are contentious both in logic and in practice and need to be discussed from the angle of jurisprudence.