Research On Lawyer's Action Status In Investigative Phase

The criminal procedure law have not definitely qualified lawyer's action status in the investigative phase in our country .It'll lead to result that lawyer could not take infection in investigative phase. Lawyer would meet the issue of "three difficulty" when he provides the legal assistance to a suspect, which are hard to got interview, be hard to apply for bail, be hard to demand to release from the coercive measures. On the other hand, the phenomenon of infringing the suspect's fundamental human rights occur frequently, it have influence directly the judicial fairness. Base on above reasons, I think that it is necessary to establish the lawyer's action status of defender in the investigative phase and to construct the lawyer's system of defence in the investigative phase. On the basis of probing into the lawyer and his action status, I would investigate the experience from abroad in the investigative phase, analyse the present state in the investigative phase in our country, and propose following the criminal procedure mode of adversary system, it would change the " line shape structure " action mode on "two sides make up" of the prosecution and the defence to the "triangular structure" action mode on "three sides make up" of the prosecution and the defence and jury, then it would carry out "the defence in the legal meaning" , and establish really the lawyer's action status of defender in the investigative phase in china when the criminal legislation become more and more perfect.