The Constructon Of Lawer's Defense System In The Course Of Investigation In Our Legislation

The main idea of this theme is the construction of lawyer's defense system in the stage of investigation.This research discusses the legislation and the trend of it's development on the subject and then analysis our own legislation,on the base of the concept,historic continuity,theoretical basis.It has gaven some recommendations on how to build our lawyer's defense system in the course of investigation.There are introduction, body and conclusion composition in this artical.And the part of body is composed of four chapters.The first chapter generally discusses the conception, our historical continuity, theoretical basis and value of this system. I think that it is the proper meaning of maintaining balance between defense and prosecution, the presumption of innocence, democracy and rule of law and the guarantee of rights.It is the necessary choice to enforce substantive justice, procedural justice, order, value of efficiency.The second chapter expatiates the circumstance of legislation from the aspects of adversary system nation (America, Japan, Britain, etc.), doctrine of function and power system nation (France, Germany, Italy, etc.) And then analysis the trend of its development.The third chapter has studied the situation of such system in our land.It analyses the drawbacks on this legislation of the system, pointed the necessity and feasibility to construct the advocacy system in the investigation stage.The forth chapter proposes that we can assert the counsel status by modifying the Code of Criminal Procedure and the Constitution, we can elaborate the counsel rights of meeting and Presence in the stage of investigation; we can give the person who has been prosecuted the right to learn the truth; and we can also establish lawyer security system in that stage. I hope through such recommendations above our law system can protect the rights of suspected offender effectively and achieve the expectancy of lawsuit.