Lawyer's Rights In The Investigation Procedure

The investigation stage is the foundation of entire criminal procedure. It is the world's tendency of the criminal procedure to be democracy and civilized by strengthening the guarantee of the suspect's human rights, expanding the lawyer's functions of justification in the Investigation stage. It is a tremendous progress that the lawyer's criminal procedure stage is moved up to investigation stage in the revised Criminal Procedure Law in 1996, but it has insufficiency for lawyers'status, rights and guarantee in the investigation stage. The problem of defining the status and function of lawyers in the investigation stage is becoming to be solved on the way of criminal procedure innovation in our country.At first, the intention of this article is to point out the flaw and the insufficiency in our country legal rule by analyzing the present situation of the lawyers'rights in the investigation stage, the theoretically and practical demands of investigation stage is punch-drunk and should be defined. The lawsuit rights of lawyers need to be perfected and extended on the foundation of the present lawsuit rights for lawyers. The rights of reading, interviewing, hearing of witnesses and collecting witness should be added. The lawsuit rights of suspect should be protected in the investigation stage.The present rights of lawyers in the investigation stage and how to be perfected are expounded:The status in quo of lawyer's rights are introduced in chapter one. The main rights of lawyer in our country in the investigation stage: Asking police for the accusation of suspect, meeting with the suspect, Asking suspect for the clue which may be related to the case, Supplying consultation to suspect, Supplying lawsuit and accusing, Appling await trial for suspect. Many restrictions are regulated in the investigation stage in our country. The limitation of present law is summarized by analyzing the present law prescript.At first, the intervention opportunity of justification rights is unsuitable. The second, the present rights of lawyers are not safeguarded. The third, the justification rights of lawyers are not insufficient. The last, the justification rights of lawyers which are leeched on to the informers who are relative to the lawyers are very illogical. Perfecting and extending the rights of lawyers in the investigation stage, our country must proceed with legislation and practice.The foundation of theory and the practical need of investigation procedure are analyzed in chapter two. The investigation procedure of lawyers'intervention is legitimate need and the need for finding true theory and the need for supervising and restricting the rights of investigation.The lawyers'importance of criminal procedure legislation is more analyzed in the investigation stage. The lawyers should protect the suspect's legal rights and reach to the aim of punishing misdeed and safeguarding human rights. The lawyers'justification function is gathered head in criminal procedure and the lawyers can supervise and restrict investigation conduct, realize the justness of judicature, make the system of criminal justification in our country approach to International institution, make it more democratizing and scientific.The status of lawyers is introduced in the investigation stage in chapter three. This article points out the importance of lawyers'status and rights, the conclusion that our country should endue lawyers with the status of paraclete in the investigation stage.Chapter four, the lawyers'right should be perfected. A series of methods are put forward which in allusion to the present investigation procedure of our country. This article expound that the rights of reading records, private meeting, investigating proof and lawyers'attending with the suspect when interrogating.This article expounds some prescribe about reading suspect's records. The superintendence of investigator should be regarded. In this article, the rights of private meeting, investigating proof and lawyers'attending with the suspect when interrogating was described respectively at many aspect in detail.