On Lawer's Defence At The Stage Of Investigation

With the development,human rights protection has been embodied in the various areas of society,including the criminal proceedings.In criminal proceedings,the Criminal Procedural law creates a variety of protection of human rights,the maintenance of criminal suspects and defendants rights,the defence system is one of them to give the suspect,the defendant the right of defence,to enable them to have abundant opportunity,effective means to safeguard their legitimate rights and interests.In the course of litigation history of the development,accompanied the extension of criminal activity to pre-trial,the defense right have gone through a course alike.A well-known scholar in Japan had shown that:"Criminal evolutionary history can be said that the history of the development rights of the defence." Now,originated in ancient Rome,the criminal defence system has been recognized in various countries and attracted attention.The system of criminal defence lawyer-an important aspect of the system,has also been an unprecedented development,especially at age how to play a positive role of a lawer in the investigation stage has become an important one concerns.In 1996 the revised Chinese Criminal Procedure Law,criminal suspects in accordance with the revised law enjoy at the investigation stage getting the right of lawyer.In 2004 to amend the Chinese Constitution,also an increase of "respect for and protection of human rights" content,which give China's legislature and the judiciary much significance.Because investigation stage is fully reflect the compulsory of state power,directly related to criminal suspects of their basic dignity of people and other legitimate rights and interests of criminal suspects.and in this phase human rights of criminal suspects are often vulnerable to infringe.And criminal suspects have been faced with the prosecution's position on both psychological and physical suffering endured possible,coupled with their lack of legal knowledge.In this case,it is important to conform with the principle.So in the investigation stage,enhancing the protection of suspects and improving the lawer's defence is appear to be particularly important.In this case study of the investigation phase of the lawer's defence is undoubtedly of great significance.In this paper,the use of the historical analysis and comparative study of methods.In the first part of paper,study the criminal defence system in the evolution of foreign countries and chinat;followed it is the need of enhancing the lawer's defence in criminal proceedings on the theory and reality for this text that is base to perfect the lawer's defence in investigation stage.The next will be the second part of this article to introduce the main rules of a lawer in the investigation stage at major countries and a number of important international treaties.Third part will discuss the status quo of the lawer's defensece in investigation stage,then based on the provisions of the exsiting,from the perspective of the protection of human rights perspective to compare the investigation stage of China's defence lawyer, including analyzing the rights of the imperfect,a number of important shortcomings,as well as the lack of protection to exercise the rights;article then discusses the new "lawer law" of the investigation phase to perfect the system.Partâ…£analyzes the conflicts between the new lawer law and the the Criminal Procedural law in many aspects.In the face of the law conflicts, I think before amending the Criminal Procedural Law,should comply with the new "lawer law" requirement,of course,the most fundamental method is to amend the Criminal Procedural Law,to coordinate the conflict between law.Finally,regarding to the amendments of the Criminal Procedural Law in not-long future,the author proposes to improve the lawer's defence at the stage of investigation with certain limits.