The Research Of Lawyer's Meeting Right In Investigation Stage

Meeting right is a defense lawyer engaged in criminal defends services in an important right, and investigation phase is the key period of lawyers to exercise their rights. Investigation phase meeting right of the lawyer is conducive to ensuring the legal rights of the criminal suspect, restricting distinguish procurator, maintaining the balance of the accused and the defendant criminal litigation. Since The Criminal Procedure Law was modified in 1996, criminal procedure reform has been constantly strengthen defense forces, restricted the prosecution power, and balanced the direction of the accused and the defendant. Investigation phase the meeting of lawyers attracts more attention. Long-term since the judicial practice, the lawyer meets with exercise right often gets the investigation organ severely restricted, lawyers generally reflected investigation phase meeting with the criminal suspect is very difficult. The current implementation of the criminal procedure law for the lawyer to meet regulation about the right of not effective safeguard the rights lawyer, reason of scholars have been calling for modifying The Criminal Procedural law to solve " meet difficulty" problem. In 2008, the new Lawyers Law enforcement for lawyer to meet regulation about the right of arguably subversive , "barrier-free meet system" was put forward in legislation in protecting the lawyer meets with respect to the right to take a big step. But through the survey, it is found that the current judicial practice question of meeting difficult is not effectively solved, new relevant provision can not be effective. In such cases, The Criminal Procedural Law" which will be modified in future will face the problem. The future of Criminal Procedural Law to the meeting system of the lawyer how to modify, this is an issue that deserves research.This thesis is composed of the following 3 chapters.In the first chapter, the summary mainly expounds the meaning of attorney's right of meeting with criminal suspect, as well as the special nature and the significance. The attorney's rights of meeting with criminal suspect means the defender entrusted or designated by the people's court in accordance with law enjoy the right of meeting with the criminal suspect in the criminal lawsuit process. It has some special properties, for example, it comes out the earliest, it may be improper used the most easily, and it helps the most to realize the defense lawyer's other rights. The attorney' s right of meeting with criminal suspect in the lawyer investigation phase has other important meanings that its exercise is conducive to ensuring human rights, completing the litigation structure, avoiding the power abuse of supervise prosecution organ , and it helps the defense lawyer to defend effectively. It also helps to promote the reform of investigation procedure and criminal pretrial procedure.The second chapter mainly expounds the situation and the causes of attorney's right of meeting with criminal suspect in Chinese lawyer investigation phase. Before the new Law of Advocate", attorney' s right of meeting with criminal suspect in investigation phase was hard to realize and it should be examined by the investigation organ .While the lawyer meets with the criminal suspect, the investigation organ will generally present supervision of the lawyers. The exercise of the attorney's right of meeting with criminal suspect was rigidly limited by the investigation organ entirely and the "meeting difficulty" becomes normal problems in judicial practices. Because the new Law of Advocate is too principle and is hard to operate, and it is in conflict with the relevant provisions of the Criminal Law , the attorney' s right of meeting with criminal suspect do not get in the effective implementation after the practice of new Law of Advocate. In the investigation phase the right still gets the investigation organ restriction or in disguised restriction, and the "meet difficulty" problem still remains unresolved. The reasons are as follows: first, it lacks the support of the uniform and the system of laws and regulations; second, the investigation organ concerns about the meeting with the criminal suspect in investigation phase; third, the investigation organ investigators also have the problem of legal consciousness and lawyer quality. These reasons comprehensively lead to the lawyer's "meet difficulty" problem.The third chapter gives advice about how to complete attorney's right of meeting with criminal suspect in investigation phase on the base of analyzing the three key problems about obstructing the right. These three core problems include: whether the right should be examined by the investigation organ, whether the time and the number of times of meeting should be limited in investigation phase and whether the right should be conducted in secrecy in investigation phase. From the perspective of solving problems, combining foreign related legislation, the current international judicial criterion of the relevant provisions and the different suggestions about how to modify the problem in Chinese academic field, the part analyze"the three core problem". Then, the part puts forward that the right should be completed on the base of setting up the legislation and other relevant supporting system. On the one hand, from the perspective of on the legislation, the thesis puts forward concrete standard advice on the Chinese Criminal Law's modified regulations about the problem in the future; on the other hand, we should actively establish guarantee mechanism and supporting system to realize the right, and finally form a complete rights protection system and the "meet difficulty" problem will be really solved.