To Research The Function Of A Lawyer In The Examining Prosecution Phase

This article consists of three parts, namely, the introduction, the body and the conclusion, with a total of more than thirty thousand words. And the body also consists of three parts.The purpose as well as the scope of this study is introduced in the prelude, leading to the presentation of the International Standards of Justice in the body part. Finally the main points of this article are concluded.The first part deals with the role of a counsel in the examining prosecution phase and the international standards of his or her implementation. It starts with a brief introduction of the significance of a counsel's part in the examining prosecution phase. then, based on he relevant conventions of the UN, examining the principles and responsibilities in a counsel's work ,which are served as general guidelines. As the starting point of the former part, the roles and the norms function as a reference and an analog model for the following parts.The second part reviews the current situation of a counsel in playing his or her role in the examining prosecution phase in China, concentrating on the problems and their corresponding reasons. First, in response to these problems, via explaining the existing laws, judicial provisions as well as the relevant regulations, it concludes the rights and obligations of a counsel in examining prosecution phase and then provides a brief analysis of them. In the meantime, it examines the difficulties in the operation of these written rights in the reality, observed form some judicial cases, providing a true picture in playing a counsel's role in this phase. And they are mainly exemplified in the following two aspects: first, there is an imbalance in their access to information; second, it is the imperfectness of the current laws and regulations in safeguarding the rights and interests of the defense. Just as the old saying goes, one must facilitate their browsers in well accomplishing their tasks; combined with a counsel's work, it means that s/he ought to get hung of enough proof in favor of the suspect, in order to carry out his duty effectively. Otherwise, his or her defense might turn out to be void in contents. Consequently, the writer centers on the "the imbalance of access to information between the two parties in the examining prosecution phase", highlighting the alienation as well as the lack of the legislation. The specific issues are summarized as the difficulties in his or her meeting with the suspect, in scoring the paper, in investigating and getting information, in exchanging opinions and in lacking of the knowledge of proceedings of legal provisions. Then in response to these problems, the paper analyzes the possible reasons for their not performing the roles well. In this section, the following reasons are provided and analyzed, including the flaw of legislation, the defect of the system, the obsoleteness of ideas, he structure of examining prosecution is not of a examining prosecution one at all, the counsels of their own factors.The third part deals with the reformation measures taken to improve counsels' roles in examining prosecution phase, it is folded up with four steps, Viz. updating the prosecution ideas, optimizing its structures, reforming its legislation and constructing related mechanisms. And , "renewing the legislation" and "constructing related mechanisms" are seriously referred. First, As to the measure of "renewing the legislation", the writer believes that the a counsel's right of empowering their roles ought to be improved and strengthened according to the International Criminal Law, which in turn helps to solve their problems encountered in this phase.Besides, in the legal filed a saying goes, "no relief, no right". Therefore, to keep significance of a counsel's rights in the examining prosecution phase, it is necessary that his or her professional rights be strengthened. So the writer explores mainly from the procedural relief mechanism, with a hope that these rights can be put into practice. Finally it is s systematic project to improve and strengthen a counsel's role in the examining prosecution phase and the relevant mechanisms need establishing and improving. Thus in the designation of the system, proposals like improving legal helping system, constructing the system of presenting proof before prosecution, establishing the system of criminal defense access, establishing and improving the restrictions to all lawyers professional practice are all aimed to have the counsel perform fully. Also in the set of procedure, the confirmation of a counsel's role in debates, negotiations as well as reconciliations in criminal cases, all aimed to contribute to a counsel's marvelous performance in the examining prosecution phase.