Research On Lawyer's Intervention In Investigatory Stage And Lawyer's Primary Rights In Investigatory Stage

As the first stage of Criminal Procedure Investigation is very vital to punishing criminals as well as safeguarding our society.But because of its compulsive and unilateral nature Investigatory power often aggrieves suspect's lawful rights during its exertion. So it is very important for lawyer to intervene in Investigatory Stage for the sake of helping suspect as well as supervising Investigatory power.Although in our country the time of lawyer's intervention in Criminal Procedure has been brought forward to Investigatory Stage,and lawyer has been endowed with some helping rights,there still are some limitations in the legislation and practice.It can not protect suspect's human rights sufficiently.In this thesis,from the angle of lawyer's intervention in Investigatory Stage to provide suspect with legal assistance,the author analyses the nomological foundation such as Procedural Justice,Protection of Human Rights as well as Balance of Criminal Procedure,and also the importance of helping suspect exert allegation rights ,of maintaining the balance between charge and allegation as well as lawful progress of Criminal Procedure.In the second part, lawyer's primary rights in Investigatory Stage in many countries are contrasted.including: lawyer's right to meet suspect,to be on the scene during inquesting,to investigate to impeach so on. Some experiences may be obtained.In the third part,lawyer's legal status in Investigatory Stage as well as in legislation and practice in our country is analysed.It analyses problems and reasons of lawyer's right to meet suspect,to provide legal advice ,to deputize for suspect to appeal and impeach,to appeal bail for suspect.By contrasting legislation and practice in many countries as well as analysing status quo in our country,the author provides some consummating advice on system,including lawyer's defensive right should be endowed with,system on lawyer's meeting suspect should be improved, , lawyer should be endowed with right to investigate and inquire , lawyer's right of exemption should be endowed with so on.It hopes that takes the 2004 Constitutional Amendment as turning point of protecting human rights,system about lawyer's intervention in Investigatory Stage should be innovated,more helping rights should be endowed with lawyer for the sake of maintenance of suspect human rights and other lawful interests.