Do the parties to an administrative case have the right to copy the files themselves?

The law does not stipulate that the parties have the right to copy the case file, and the police station can entrust a lawyer to collect it after handling the case. If the archival materials consulted, extracted and copied are state secrets, they shall be approved by the people's procuratorate and the people's court, and shall abide by the state secrecy provisions. Lawyers shall not disclose or disseminate important information and files of cases in violation of regulations, and shall not be used for purposes other than defending or representing cases.

Legal analysis

According to relevant laws and regulations, the parties to a criminal case have no right to consult the case file. According to the relevant regulations, generally speaking, the parties to a criminal case are not allowed to inquire about the file information, and only attorneys can consult it. After the criminal case is closed, the parties can't copy the case file, and only the defense lawyer or other defenders can copy the case file materials, so as to exercise the right of defense when examining and prosecuting. The parties concerned shall check it clearly and sign it, but the files formed after the administrative punishment by the public security organs cannot be checked casually. It is necessary for the parties themselves to see if what is written above is what they said, and finally sign for confirmation. Viewing is the legal right of citizens. However, citizens are not allowed to view and copy the files formed after the administrative punishment by the public security organs. If you really need to read it, you can entrust a lawyer, and the lawyer can read the relevant materials according to the relevant introduction. In the course of litigation, you can apply to the court for retrieval. You can entrust a lawyer to consult and extract before the lawsuit, but you can't make copies according to the regulations.

legal ground

Article 32 of the Administrative Procedure Law of the People's Republic of China * * * lawyers who represent litigation have the right to consult and copy relevant materials of this case in accordance with regulations, and have the right to investigate relevant organizations and citizens and collect evidence related to this case. Materials involving state secrets, commercial secrets and personal privacy shall be kept confidential according to law. The parties and other agents ad litem have the right to consult and copy the trial materials of this case in accordance with the provisions, except those involving state secrets, commercial secrets and personal privacy.