International Human Rights Treaties And Our Counsel System

With the being revised of 1996 "PRC Criminal" and the passing of "Lawyers Law of the PRC" was enacted, the history of China's system of defense lawyers is in a new period. But during the judicial practice of enforcing these law system, there's all sorts of problems we have a new subject, how to protect betterly crime suspects, and the legitimate rights and interests of the accused, the defense counsel system is effectively implemented, and establish compliance with international human rights legal documents required by the defense lawyers, which is writing the basic ideas.This paper consists of the preamble, the text, closing three components, the body is divided into three parts.Writing the foreword brief description of the causes and to explore key issues to the international human rights conventions to improve our standard defense lawyers lay the foundation for the system.The first part of the text is to introduce our system of defense lawyers present situation and problems, and a brief analysis. The author briefly reviews the first foreign defense lawyers in the history of evolution, and after the founding of New China, defense lawyer system has gradually improved the course a simple narrative; Second, the defense lawyer described the function, that its function is to ensure that the principle of presumption of innocence and a fair trial achieved; Third, focusing on the defense lawyer's legislative system status and problems. With different stages of a criminal defense lawyer, met with the hard, it is difficult, hard evidence for the investigation, and noted criminal lawyers in the debate business career risks To improve our system of defense lawyers constructive proposals.The second part of the text on the International Covenants on Human Rights and other legal documents on the defense lawyers content. First of all, the author of "Civil and Political Rights and the International Covenant on," the defense lawyer as a brief analysis with examples that the defense lawyer is to enhance and improve a fair trial important link; Second, other relevant United Nations documents, the legal counsel for the contents of a summarized, pointing out the specific targets, the stage of the proceedings, defense, legal protection, and other four have greatly improved; Finally a brief description of the "European Convention on Human Rights" and other regional treaties relating to the contents of the defense lawyers, To improve China's defense lawyers to establish an international system model lever.The third part of the text is based on our defense lawyer on the status and the international human rights convention on the standard defense lawyers, From six to perfect the system of defense lawyers. First, the defense duties repositioning; Two are in the investigation stage to establish legal representation system; 3 is to ensure contact met individual choice and the right to defense counsel; 4 is to protect the defense lawyers had ample time and facilitate access to case materials; five defense lawyers should enjoy immunity; 6 is perfect criminal legal aid system.From the conclusion of vigorous advocacy, the improvement of legislation, improve the quality of the three aspects to improve the lawyer's defense system to be discussed, and the prospect of China's defense lawyer system for the future.