Reflection On Perfecting Of System Of Suspects' Right To Lawyers' Aid

An outstanding achievement of the modification of our Criminal Procedure Law in 1996 is the specification on lawyers' participation in criminal litigation in the stage of investigation and the setting up of the legal system on the suspects rights to lawyers' aid in the stage of investigation . But because of the inherent limitations in legislation and the absence of systematic support to relative specifications, the due effect of the system hasn t been brought intof full play. In practice, not only the situation of the suspects rights hasn' t been effectively improved , but also the solemnity and authority of the legal system of the state have been damaged to certain degree. In accordance with the general theory of the right to defense, the paper explained the justness of the system of the suspects' right to lawyers' aid and the practical meaning of the setting up and execution of the system. Through the analysis of the relative regulations of our Criminal Procedure Law and the comparison with general standard of international community, the paper discussed the major difference with international standard in the issue of the suspects' right to lawyers' aid. At the same time, the paper discussed the major problems of our current legal regulations existing in practice, analyzed the representation, harm, consequence and reasons of the lawyers' difficulty to meet the suspects and put forward four countermeasures to solve the problem. Based on the above, the author thought a lot on the system of the suspect's right to legal aid in the stage of investigation and brought forward five pieces of suggestions such as making clear of the lawyers' status as defender in the stage of investigation in legislation, abolishing the regulations on investigative organs' approval for the suspects to get a lawyer in the cas-es involving the state secret and the investigative organs' privilege to delegate personnel present during the lawyers' meeting with the suspects and the endowment of the right to be present during the investigative organs' interrogation of the suspects and certain right to investigation and getting evidence in the stage of investigation with the lawyers.