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The Basic Litigation Rights Of Defence Lawyers

Posted on:2006-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:M FuFull Text:PDF
GTID:2166360155463678Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The defence function is one of three major functions of the criminal procedure.The defence lawyer is one of the principal parts of the criminal procedure structure who has independent status of litigation.The defender's participation influences the process and result of the criminal procedure to some extent.It has extremely important status in the whole criminal system of advocacy that the lawyer pleads.The defence lawyer enjoys different litigation rights at each stage of criminal produre.At the stage of trial the lawyer's rights such as acquiring notices,arguing,proposing evidence,inquiring and acquiring judicial documents could be ensured basically as a result of the common participation of the defence,the procuratorial authority and the court.But at the stages of the investigation and the initiating public prosecution four characteristic rights which international documents concerned and most coutries' criminal procedure code have are incomplete or even lacked.These four rights are meeting and commumcation,consulting, investigation and immunity.It has restricted the development of the criminal system of advocacy seriously for it are beset with difficulties.Clarifying the current situations and issues make us get the guarantee in legislating and practice.Only in this way could our country's criminal system of advocacy develop in a healthy and smooth way.
Keywords/Search Tags:meeting and communication right, consulting right, investigation right, immunity right in criminal procedure
PDF Full Text Request
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