Study On The Procedural Claim Rights Of The Defense Counsel

The criminal procedure system is a mirror that reflects a nation political situation and also an instrument which measures the country fundamental laws. The system of defense is one of the most important criminal procedure systems."Human rights"---the safeguard provision was written into the constitution in 2004, which is a significant historical event in our political life. In criminal suit, both a suspect and an accused of the human rights are of importance. As a guardian, defense counsel protects the justifiable interests of the suspect and the accused. Therefore we are supposed to safeguard the rights of defense counsel. This idea not only plays a role in the system of defense, but also earnestly protects the legitimate rights and interests of the suspect and the accused, defends the basic human rights, achieves social justice."law of the people republic of china on lawyers"was revised in 2007, which strengthens the lawyer many rights. A series of significant reform on safeguarding defense counsel rights was credited"a big step forward in legal process". While the law---the Criminal Procedure Law of the People Republic of China—is revising hesitantly,the new"Law of the People Republic of China on Lawyers"drafting is shown that the legislators determination to deepening criminal justice reform and strengthening of human rights, which will further promote the criminal procedure legal process and revising again. Since the law was imposed in 2008, however, the lawyer situation has not got better. We have to consider it again, a new research task is put forward, in other words, how to protect the lawyer legal rights and implement in our reality. The thesis is to discuss on this issue. This thesis deals with the theme from two parts. To begin with, the author puts forward the concept of procedural claim rights. In the past, many researcher focus on the right itself or on the rights of the main, regardless of the relationship between the lawyers possessing the rights and government offices. The definition shows the relationship between the lawyer(srequester)and government offices(by-requester), defines the obligation which government offices should be taken, concerning how to protect the lawyer rights. Then we are able to find that there are some provisions in our current law, these provisions can not be implemented in judicial practice. In addition, legal remedies about the procedural claim rights of defense counsel is not made law now. In the process of perfecting the procedural claim rights of defense counsel, on one hand, we should perfect the right itself; on the other hand, we are supposed to found the system of administrative litigation remedies. We hope the procedural claim rights should be definitely in the above two laws in the end .