Research On Suspect And Defendant's Lawyer Assistance Right

Suspect and defendant's lawyer assistance right come from their own defense right. So the lawyer's litigation right is the extension of the defense right of the suspect and defendant. Final purpose of endow lawyer with the litigation right is to protect the legal rights of the suspect and defendant, and to realize their defense right wrote in constitution. Although lawyer is not the principal part which independently undertake suit function, but their participation in judgement and the legal acid provided for the suspect and defendant, has created the condition for its full and the meaningful participation criminal prosecution process.Lawyer's effective participation in criminal prosecution is not only the responsibility wrote in Chinese law, but also the obligation determined by international law. And this obligation is quite different between Chinese law and international standards: the lack of relative rules in constitution, judicial system, and effective relief mechanism; the phenomenon of violation of human rights failure to prohibits repeatedly; for suspect and defendant, their lawyer assistance right get violation, and the time and confine of the right is also quite limited; for lawyer, their right of interview of a client and investigating and collecting evidence is also be limited, and it's hard for them to read about the materials in the case, and can not be on the scene when client being interrogated, and there is no procedural sanction if their defence is of no effect; lawyer's position in investigation is ambiguous, and the conflict between lawyer' law and Criminal Law is also unsolved, so consummating defend system, and protecting the suspect, defendant's lawyer assistance right have become the emphasis and focus in the reform of criminal justice.The author starts from the concept and the basic theory of the suspect, defendant's lawyer assistance right, analyze its connotation, value, quality and basic content, retrospect its origin and the development, by study the theory of constitution and procedural justice, compare the related rules in the UK-US legal system, the mainland legal system and other legal system, research present situation in China, analyzes its basic flaw, take two classic illustrative cases as demonstration, then bring forward the basic conception of consummating lawyer assistance right, and related law system, promoting lawyer assistance right constitutionalize, and consummating related legal procedure, setting general relief mechanism and the constitution direct relief mechanism cientifically.