Font Size: a A A

Analysis And Countermeasure On Current Investigation Difficulty For Defending Lawyers

Posted on:2010-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:S YangFull Text:PDF
GTID:2166360275456709Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal defending is the criminal defendants and the lawyers refute the suite according to the laws, and the activities that supporting materials and opinions in real law. Because the aim of criminal judicature is to limit or denude the accused people's rights, so we have to pay attention to the improper division of the accrued and protect their legal rights.There are three difficulties in criminal suits: meeting, examining papers and investigation and evidence collection, which are still the puzzles in Chinese criminal cases after several years' discussion, especially the investigation and evidence collecting. Because most of the suspects have limited free and their rights cannot be realized by themselves. So if the investigation and the evidence collection fail to make, the human rights of the suspects will be put into danger.In addition to introduction and conclusion this article consists of the following three chapters:Chapter one: Present situation of defending lawyer investigates collects evidence the difficult .Generally speaking, the difficulties are the hardness to meet, examine papers and acquire information for the lawyers. Secondly, the imperfect legislation causes the failure of investigation and evidence collection.Chapter two: Trial lawyer investigates the evidence collection reason analysis .The author analyzes the deep reasons of it. So we decide to change the traditional concepts of the law-executors and the people to solve this problem. Next is in system's vacancy, trial lawyer the right special safeguard mechanism scarce; Our country also lacks the consummation witness testifies the system. Once more flaw is legislates, the criminal law 306 existences and abuses cause trial lawyer to see the investigation evidence collection fresh fear; "Law of Criminal Procedure" and new "Attorney Law" stipulated that trial lawyer investigates the evidence collection application power to be too abstract is not easy to operate, and lacks the relief way; Detection stage attorney cannot involve the case generally, the law has not entrusted with attorney to investigate the evidence collection explicitly the right, attorney investigates the collection evidence in the detection stage the right not to have the legal safeguard voluntarily; Our country "Law of Criminal Procedure" while entrusts with trial lawyer to investigate the evidence collection power also to have the strict limiting condition, objectively caused trial lawyer to investigate the evidence collection power empty set.Chapter three: Solution trial lawyer investigates collects evidence the difficult outlet. we should perfect the rules of examining papers, witness and cancel the wrong case tracing and other methods to keep the investigation stay in a strong and effective system. The improvement of legislation is an important measure: the cancel of the 306 of the criminal law, the cancel of the defense counsel to evidence the prosecution to apply the provisions of the defense counsel to give evidence to apply for a binding, to give the Court to enforce the procedures to obtain evidence and call witnesses to appear powers necessary to give defense counsel the right to relief, also provides evidence of violations of the right to apply for the defense counsel should bear the adverse consequences.We must try our best from minds, rules and legislations to improve the current condition of investigation and evidence collection. But the facts tell us that our current rules are not so effective and perfect, we still have a long way to go if the revenges still exist in the process of the responsible accountability for the den fence lawyers' wrong cases.
Keywords/Search Tags:Defending lawyer, Investigation and evidence, system constitute
PDF Full Text Request
Related items