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Rearch On Lawywr Defense Of Pro-Trial Procedure

Posted on:2010-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:F QiFull Text:PDF
GTID:2166360278976200Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Some of legitimate revolution of the national criminal procedure and reform of the Criminal Procedure,more reflected in the litigation of pre-trial proceedings. However,criminal defense lawyer deeply involved in pre-trial procedure is the primary way to implement the right to defense. In criminal proceedings,right to defense is the core right of action had by suspect and defendant in accordance with the law. People who have been prosecuted, as a principal party to the proceedings, exercise the functions of a basic action in accordance with the law,and its function with the complaint function and the trial function hold triangular Construction of Litigation. Lawyer defense system is one of the important systems that realize the right to defense effectively. At the same time, the defense lawyer system makes the protection of human rights which is an important litigation mission achieve effectively. Therefore in the process of punishing crimes and protection of human rights,countries in the world have been given greater attention to lawyer defense system. It not only give defense lawyer an important position in the trial proceedings,but also construct a reasonable lawyer defense system at the basic procedure of the entire criminal-pre-trial procedure.In criminal proceedings,our country does not introduce triangular structure of litigation to pre-trial procedure. It makes pre-trial defense lawyer system exist only in name,and is not conducive to protect criminal suspects and defendant's right of action. At the pre-trial phase of our country,suspects'rights are more vulnerable to violate when suspects stay in difficult circumstances and dangerous state. In order to collect evidence ,Investigating organs could pose threat to suspects'personal rights and other rights. However, from practice of related legislation and judicial in our country,the situation that lawyer defends for criminal suspects at the pre-trial process can not be optimistic. lawyer's status of litigation is unknown at the pre-trial phase,especially at the investigation stage,and their rights are restricted too much. It makes criminal suspects'right to defense lack adequate protection in the pre-trial proceedings , and causes confessions by torture,illegal detention,and other violations repeatedly in the pre-trial proceedings. It also causes injustice produced repeatedly. Therefore it is very necessary to research the pre-trial procedures lawyer defense system.Firstly , researching pre-trial procedures lawyer defense system effectively helps to protect the legitimate rights and interests of suspects and defendants,and makes the suspect and the defendant get effective defense timely.What is more,researching pre-trial procedures lawyer defense system helps to protect human rights and achieve procedural justice. It is also the requirements of modern litigation civilization.The author discusses the question of lawyer defense totally from five sections in the pre-trial procedure. First,from the academic analyzing the lawyer defense in pre-trial proceedings. Secondl,conducting a comparative analysis to the defense lawyer in outside pre-trial proceedings, in order to reach on use for reference of related issues of our country. Third,which is more important , conducting an empirical study to China's pre-trial procedures for the defense lawyer. Summing up the status quo and problems of China's pre-trial procedures for the defense lawyer by study after the enactment of the new law was promulgated. This is also reflected in the fourth part. Finally,making reconstructive proposals to existing problems in China's pre-trial procedures for the defense lawyer.
Keywords/Search Tags:Pre-trial procedure, Defense lawyer, An Empirical Investigation, Effective defense
PDF Full Text Request
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