Statement On The Construction Of Lawyers-on-site System In Our Country

The right of lawyers-on-site in this article especially refers to lawyers-on-site at interrogation, since the criminal suspect under the detection inquires of the detection institutions first time, until the detection inquires come to end. During the detection inquires, the lawyer has right to be on-site equally, also the criminal suspect is entitled to require that the lawyer on site, the lawyer could testimony the investigation and surveillance the interrogating behavior of detective ,while provide the specialized law helping to the criminal suspect in the entire inquest process in time.Lawyers-on-site is one item that criminal justice system of the adjustment pleading from the entity to procedure, from trial program to pre-trial program, according to the current of world attorney defends. The building-up of lawyers-on-site at interrogation is a system makes needs to procedure public principle, balance resistance principle; it also helps to protect human rights, to improve legal action efficiency. The right of lawyers-on-site system is already built and has perfect system in the UK-US genealogy of law country. The civil law countries also relate the system to some extent.In our country, the establishment of the right of lawyers-on-site system, besides the profits from the experience system abroad, we also have to realize the reality of our homeland, to found a set of system conforms to our country national condition and the legal culture tradition. The right of lawyers-on-site system only is almost impossible to realize the effect that the system should be, it has to set up a series of legal action system to form a complete set therefore. Come to speak clearly and definitely, it must be sure that the lawyer at investigate stage is attorney on the premise of position, also need to set up legal aid system, lawyers be on duty system, the right of attorney and crime suspect meeting power secretly, building-up the illegal evidence removes regulation, allow the lawyer to investigate collect evidence at investigate stage, sound and picture recording during the whole investigate cross-examine journey system ,and so on.In recent years, China University of Politics and Law procedural law research centre director Professor Fan Chong Yi has host a pilot of lawyers-on-site at interrogation that has been on the march in field such as Shenzhen, Beijing, Zhuhai. The group has gone abroad to Australia; Europe to carry out examination and far, and almost at the same time went to Survey in east China, central China, and the western China. The group has gained a lot of firsthand data, which are useful for our country to perfect pre-trial procedure. The success of the trial proved that the right of lawyers-on-site system is suitable both to our lawsuit system and lawsuit resources.