The Study On The Right Of Lawyers-on-site In Investigation And Interrogation.

The Criminal Procedure Code amended in 1996 and The Law of Advocate 2007 had extended the lawyers'legal rights in the investigation stage. According to the law,one lawyer may intervene into investigation when a criminal suspect is firstly interrogated. But the existing legislation is somewhat abstract and superficial. The extraction of confession by torture frequently occurred in the juridical practice, which constitute a violation of human rights of the criminal suspect. As a result of this, the establishing of the system of lawyers-on-site at interrogation in our country is discussed in this dissertation.This dissertation consists of four parts.Part One: Introduces the concept and the fundamental theory on the right of lawyers-on-site, including the principle of balanced value, principal party in procedure and restriction of powers. The right of lawyers-on-site is part of the right of defense.Part Two: Reviews the correlative legislation in China. Introduces the legislation on the right of lawyers-on-site of other countries, involving countries of the Anglo-American law system and countries of continental legal system.Part Three: Discusses the legislative deficiency of the right of lawyers-on-site in China, and analyzes the reasons of absence of the right. Illustrates the necessity on the establishing the system of the right of lawyers-on-site at interrogation in China. The establishing of this system has its practical values, such as protection of human rights, foundation of real entity, realizing judicial fairness.Part Four: Gives suggestions on the establishing of the system of the right of lawyers-on-site at interrogation in China. Proceed from China's actual conditions we'll set up the system step by step. At the same time, we should define the content of the right, the application scope, exertion procedures and the protective measures of the right of lawyers-on-site.