| What is called lawyer participating in detection stage is such a concept that lawyers has the procedural right to accepted the commission of criminal suspects or is appointed by the judicial organ to participate in the proceedings in detection stage of criminal proceedings to provide suspect with legal assistance and safeguard their justified rights according to law ,and the concept contains all legal systems which is related with the right mentioned above . Owing to the fact that the United States is the early one in the countries which established the lawyer participating in the detection stage and the main rule is originally founded by the Supreme Court in the United States. After the 1990's,the United States become the only superpower,and it exert a tremendous influence on the other countries in the world,including legal system.Therefore, the development and evolution of lawyer participating in detection stage in United States can basically reflects the course of development and evolution in foreign countries .In China, from beginning to today ,allowing defense lawyer to participate in detection stage in criminal proceedings had gone through a long course of development. Lawyers participating in detection stage is based on such theories such as the dialectical materialist theory of knowledge ,the law of the unity of opposites,the law of human rights protection,the law of freedom of speech,theory on Psychology ,etc.In our country,lawyer participating in detection stage has following shortcomings ;The lawyer was not granted the status of defender in the detection stage ;Up to now,it is still very difficult for the lawyer to meet with suspect. Not only in the cases which don't involve the state secret,but also in the cases which involve the state secret,the lawyer cannot meet with suspect without delay and freely .When he want to meet with the suspect,the approval of the detection organ will be necessary. Sometimes,the detection organ even use some farfetched reasons as pretext to stall for time or simply prohibit the meeting between lawyer and suspect; lawyer has no right to fully find out the details of the case; When the lawyer want to meet with suspect,under normal conditions, the detection organ will make policeman present and keep watch on the meeting; At the same time ,generally,the detection organ severely limited the time and the number of times of meeting between lawyer and suspect; The lawyer has no right to investigate and collect necessary evidence ;When the lawyer right was infringed,no effective measures can be used by lawyer to remove the obstacle; The lawyer has no the professional immunity from criminal responsibility as well.There are some reasons for the phenomena. Our traditional procedural modes of thought is comparatively behind the times; The Substantive justice is overemphasized and the value of procedure is ignored by the detection organ; The principle of presumption of innocence is not established in China; The detection structure is not very reasonable; State departmental selfishness and the neglect to personal interest had influenced the detection organ and make them not to correctly treat the lawyer and lawyer participating in detection stage; The number of criminal case is still great and detection organ hardly control the number; The equipment used for detection is not modern and can't satisfy the needs to effectively crack down on and control the crime.Therefore,the government must take some immediate and strong measures to solve the problems. For example, granting the lawyers who participate in the detection stage the legal status as defender,guaranteeing the defense lawyer right to freely meet with suspect ,granting defense lawyer the right to investigate and collect evidences,enhancing the standard to be a criminal defense lawyer,introducing the assistance into detection stage,establishing the legal system to help the defense lawyers to fully exercise defense right,amending the legal provisions concerning the defense lawyer'criminal responsibility,granting the defense layer professional immunity from criminal responsibility.
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