Research On The Lawyers' Intervention In Prison Execution Procedure

Criminal execution procedure belongs to the final stage of criminal procedure and is the key link to realize the result of criminal procedure judgment.The stages of our lawyers' involvement in criminal proceedings include investigation,examination and prosecution,and trial.However,lawyers involved in prison enforcement procedures have been a lack of legal provisions.Criminals belong to the object of human rights protection,but due to the closed execution procedure,imperfect legal norms,limited personal freedom and lack of most legal knowledge,the lawful rights and interests of prison criminals are easily infringed.The lawyer' s intervention in the prison execution procedure is conducive to safeguarding the lawful rights and interests of the criminal,and is also conducive to the realization of power restriction,procedural justice and the purpose of punishment.Need Therefore,it is necessary to conduct a systematic study on lawyers' intervention in prison execution procedures.At present,the Ministry of Justice has issued the Regulation on lawyers meeting prisoners in Prisons,which stipulates that lawyers may meet prison criminals under certain circumstances,and some regions have carried out practical activities of legal aid to go to prison.Beijing,Zhejiang and other local judicial organs have formulated relevant documents of legal aid to prison,but lawyers' intervention in prison execution procedure is still not systematized and legalized.Some scholars,such as Mr.Jin Chuan,Mr.Tian Wenchang,Mr.Feng Jiancang and so on,have studied lawyers' intervention in prison execution procedures,but there is little systematic study.In terms of international documents and extraterritorial legislation,there are provisions for lawyers to intervene in prison enforcement procedures,such as the United Nations basic Law on the role of lawyers Principles,body of principles for the Protection of all Persons under any form of Detention or imprisonment,Code of Criminal procedure of France,German Prison Code,Code of Criminal Enforcement of the Russian Federation,etc.In addition,the United States,Britain and other lawyers have long been involved in the practice of prison execution procedures.With the advancement of the process of rule of law and the perfection of human rights protection in our country,lawyers will intervene in the prison execution procedure to protect the human rights of criminals.This paper focuses on the lawyers involved in the prison implementation process,divided into four parts:The first part discusses the concept and value basis of lawyer's intervention in prison execution procedure.The purpose of the lawyer's intervention in the prison execution procedure is to safeguard the lawful rights and interests of the prison criminals.The lawyer's intervention in the prison execution procedure is beneficial to the realization of procedural justice,human rights protection,power restriction and penalty purpose.The second part introduces the foreign lawyers involved in the prison execution procedures and analyzes the enlightenment to our country.Both Anglo-American law countries and civil law countries stipulate that prison criminals have the right to obtain the help of lawyers to varying degrees.Our country can obtain the enlightenment of legislation,intervention mode,status,scope of business and so on.The third part analyzes the current situation and problems of Chinese lawyers' intervention in prison execution procedure.At present,the regulations on lawyers' intervention in prison execution procedures are limited to departmental regulations and some local documents,and lack of legal provisions.In judicial practice,prison legal aid is a useful exploration for lawyers to intervene in the prison execution procedure,but there are some limitations in the definition of identity,the scope of intervention and the way of intervention.The fourth part designs the system of lawyer's intervention in prison execution procedure.In recent years,some areas of our country have carried out the pilot activities of legal aid to the prison,which provides a practical basis for lawyers to intervene in the prison execution procedure.The sustained development of Chinese economy and the increasing expansion of lawyers provide economic basis and human resources for lawyers to intervene in prison execution procedures.All of these provide a possibility for lawyers to intervene in prison execution procedures.The lawyer's involvement in the prison execution process is defined as a “legal helper”.The scope of business for lawyers to intervene in prison execution procedures includes meeting correspondence,investigating and obtaining evidence,legal advice,applying for the execution of penalty changes,and providing opinions,To appeal a complaint on behalf of a complaint.In the way of intervention,the way of combination of paid entrustment and legal aid is carried out.In the supporting system,we should further perfect the legal aid system and the open prison affairs system,and construct the prison duty lawyer system.