Discussing A Few Problems Of Establishing The Present Right Of Lawyer In Theories And Fulfillments

This text thinks that establishing the present right of lawyer is only a litigation right extended the lawyer on the surface, but to see from the deeper time, it actually is that our country absorbs the reasonable factors of the resist type litigation system of again a reform measure, it will bring about profound influence on the whole system with judicial pertaining to crime of our country necessarily. From the definition of the present right of lawyer, the guarantee of the present right of lawyer, the restrict of the present right of lawyer, this text analysis a few problems to establish the present right system of lawyer in our country.Part 1 :The definition of the present right of lawyerFrom the present right of lawyer origins and the rules of the present right of lawyer in all countries , this text thinks the definition of the present right of lawyer is: For insuring the silent right of the suspect crime person, insuring the voluntarily of the crime suspect person's confession, the nation gives the lawyer of the crime suspect person the right, while the investigating organization asking the suspect person of crime, the lawyer is present and to provide the law help for the suspect person of crime, the lawyer to be present is one of the important item that the confession become the valid proof.And to further discuss: 1, the purpose of the present right of lawyer is to insure the right to silence of the suspect, and to insure the voluntarily of the suspect's confession;2, the person owning the right only is the lawyer of the suspect;3,the essence of the present power is a kind of litigation right that the lawyer directs investigating organization on the crime investigate stage;4, the contents of the right isthe lawyer provides the law help for the suspect.Part 2:The guarantee of the present right of lawyerBuild up the present right of lawyer is an important reform that our country carry on crime judiciary reform, to guarantee the present right of lawyer to fall the solid place, it will involve the crime judiciary reform many aspects, including the law ideas reform, system guarantee and the material guarantee.Idea guarantee: The principle of presumption of innocence, The principle of anyone can not be compelled to testify against himself or confess guilt and The principle of confess voluntarily, the law idea of these principles are establishes of the present right of lawyer.System guarantee: In order to insure the present right of lawyer, we should have the guarantee of the homologous kit system, the our country help the system, pertaining to crime litigation proof system and control to argue to trade the system lawyer the litigation right relieves the system etc.Material guarantee: 1,enlarging the lawyer's protection and supports , encouraging more lawyers to participate the crime litigation business, thus guaranteeing the person's factor;2, Increasing the budget of law helps, opening widely the budget source, thus guaranteeing the factor of the wealth;3, improving the place of asking and the place of lawyer meeting the suspect, increasing the recording for asking and record image the equipments, thus guarantee the factor of the thing.Part 3:The restrict of the present right of lawyerTo have the right to have the limit system, In order to guarantee the benefits conflict of human rights and the punishment crime for the sake of the balance and coordination, it is necessity to limit certainly the present right of lawyer. This kind of restrict includes the exception of the right and the check and supervision of lawyer.The exception of the right: one is: the lawyer can not be present while on the following several case:l, the crime of endanger the national security;2, the crime of the underworld property organization commit;3, the crime of the soldier breaches the job;4, the crime of the policy of terror type. Two is :under the two kinds of conditions of the following, the lawyer can not be present:!, the suspect refuses thelawyer to help;2, the circumstance is urgent, if the investigating organization can notask the suspect it probably cause more disruption,The check and supervision of the present right: One is to build up the pertaining to manage lawyer's profession; Two is to perfect mechanism of lawyer punishment and accuse etc.