A Study On The Confirmation Of Constituting Factors And Form Of Transformed Robbery

Criminal defendant system plays a majority role in the modern legal state; in essence, it is well represent the pursuit of justice fairness and democratic lawsuits of a country. Therefore, the well construction defendant system is a significant standard to judge a country's judicial system, if in a fair, democratic and scientific way.Lawyer's meeting with clients indicates that the lawyers entrusted by the criminal suspect, defendants or people's court in the criminal lawsuits to meet the suspect, know the accusation and situation accordingly in order to provide legal counsel.Lawyer's meeting embodies the criminal suspect and defendant to obtain legal help from lawyers. It is the foundation and condition for the lawyers to conduct investigation effectively to some extent. In reality, lawyer's meeting is considered as one of the most difficult criminal defendant ways lies in: the meeting rate is low; the times and time are restrict limited; the effect of the meeting is greatly shape when the investigators on the scene. What is more, the lawyer's meeting has to be approved by the Procuratorial organ and the people's court while in the joint offences; the lawyer's meeting for investigating will be limited too. These disadvantage factors all interacts on effecting lawyer's enthusiasm and cause a series factor in obstructing lawyers in acting criminal defendant.To start from a typical case of activist lawyers, one by one my lawyer the right to the theoretical basis, the theoretical basis and to protect the value of the right lawyer has deep practical significance. The status quo of China's lawyer system, mainly in the different stages of criminal proceedings, counsel met with the existence of different problems were met with difficulty, meeting the low rate of method is not standardized, met with a direct impact on realization of the right lawyer. A result of Chinese lawyers "Meet the difficult" is mainly due to the absence of the system itself, departmental conflicts of interest, lack of enforcement, the lower the quality of law enforcement officers, lawyers and other individual legal knowledge uneven. By the United States, Britain, Germany, Japan and other lawyers met with the four countries in analyzing the system in various countries to extract a proper idea of the right lawyer that the legislation should make it clear lawyer's legal rights; the establishment of realization of the right lawyer legal relief system; standard judicial practice, to protect the right to meet with the realization of the exchange. The right to put forward the improvement of our country lawyer from the legislative, judicial, etc. to further implement and improve the criminal defense system in order to truly protect and effective realization of lawyers and other defenders of the right of action. On criminal defense, the protection of lawyer is the most important part, a sound lawyer system, in addition to relying on a legal analysis of the theoretical circles as the guide, but also to be practical for the experience, practice and effective practice is the law realization settled satisfactorily met the right point, be able to establish the trial side, the prosecution, the parties and effective checks and balances on three points.