The System Of Counsel In Pre-Trial Proceedings

The right to counsel is the necessary guarantees for the suspect to full exercise of defending. In-Western countries such as Britain, the United States, France and other countries have two-tiered system. They pay attention to the accuser-defendant balance in the whole process of criminal proceedings. Therefore lawyers right to defence in criminal proceedings can be run through the whole. Compare with china, The concept of "lawyers right to defence" means the lawyers who in order to protect criminal suspects and defendants lawful rights by law have accepted the litigant's delegation or have been designated by court have a right to offer materials and views which can prove the suspects or the defendants not guilty> the lightest,reduce or waive the criminal responsibility Based on the concept, In fact our better counsel only focused on the trial stage, Yet there are serious problems in the pre-trial. Investigation stage as the base of Criminal proceedings, the right to counsel does not exist. Criminal Procedure Law has been amended to increase a set about lawyers can involve In advance. However, deny the lawyers right to defence in investigation stage at the same time. This change has the protection of human rights in legislation. while In judicial practice, it makes lawyers right to defence degradation. Attorneys'Status are more vague in Investigation stage and the risk of their practicing goes up. Criminal Procedure Law has been clear that attorneys have the right to defense in review and prosecution stage, but the range of lawyers right to defence is much less than demand. And there are many restrictions on exercising lawyers right to defence, so attorneys can not fully play the role of themselves. So it makes the povisions about lawyers right to defence in our Criminal Procedure Law Far from international practices. in the Pretrial litigation procedure, defence is in a weak position. A serious accuser-defendant imbalance severely affected the fairness of Criminal Procedure, also hinder the process of judicial reform in China. This article takes the performing and ensuring to lawyers right to defence as perspective, takes accuser-defendant balance as a benchmark, and takes suspects's legitimate rights safeguarding as a target. Iam thinking hard on these issues by the way of refering to international practice and combining the practice in our country. I will put forward a set to complete the right to counsel in pre-trial proceedings, in order to contribute to China's judicial reform...