On Lawyer Defense In Investigation Procedure

In criminal suits, suspects'right to defense symbolizes his subject position in lawsuit. In a modern legal state, right to defense is not only self-defense of the prosecuted, but more important, lawyer defense. Investigation procedure is an independent key stage of criminal suits and its characteristics determines that lawyer defense becomes an important measure to protect suspects'lawsuit right. According to China's Criminal Procedural Law, suspects can employ a lawyer for legal assistance, which to some degree has helped suspects out of their helplessness, but from the perspective of judicial practice, the lawyer assistance is not right of defense itself and its protection of the suspects is not so satisfactory.Whether suspects'lawyer defense in investigation procedure will directly influence efficiency in case solving and the protection of suspects'human rights is mainly determined by 2 basic values, namely, lawsuit justice and lawsuit efficiency. The exertion of right of lawyer defense in investigation procedure is not only the key to protect subject position of the prosecuted, but also the inevitable requirements to supervise investigation on a legal track and maintain procedural rights and substantive rights of the prosecuted. After research on relevant legal documents and legislative and judicial protection of lawyer defense system by main legal states and Hongkong, Macao and Taiwan in China, we can easily find that full protection of suspects'right of defense in investigation procedure is the trend in criminal procedural reform by those main legal states in recent years..In the circumstances of difficulties in lawyers'interview, reading dossier and obtaining evidence in investigation procedure, it seems the launch of new Lawyer Law can solve the problems, but exertion of rights needs protection of system and remedy to current rights when adding new rights. Protection of human rights is the soul of modern criminal procedural law and the core theoretical basis of lawyer defense as well. Meanwhile, presumption of innocence, debate balance and procedural justice are all indispensable theoretical basis for lawyer defense. When performing macro theoretical analysis, the status quo of lawyer defense in legislative and legal practice in China is paid more attention to and a profound analysis is done to the cause of this status quo. To detect problems is to solve them. If we want to reconstruct China's lawyer defense system in investigation stage, we should grant right of presence to lawyers and perfect their interview right, dossier reading right and right of investigating and obtaining evidence. At last, we emphasize the design of some systems about lawyer defense in investigation procedure, such as the construction of judicial review system, the construction of procedural referee system and the establishment of exclusionary rule of illegal evidence, etc.