Legal Consideration Of Lawyer's Meeting Right

At the background of democracy and the protection of human rights, the problem of lawyer's right of meeting seems more important. The right of meeting is the base of lawyer's work, the premise of confrontational trail mode and it is also a mirror of judicial fairness. The new law of advocate has got many achievements in lawyer'right of meeting, according to the new law, lawyer can meet the suspect and the accused man and know the case situation only with practicing certificate, law office proof, trust deed or legal aid official letter and the course of meeting can not be monitor. These clauses are helpful to protect lawyer's rights, so the positive significance is prominent. However, in the practice of China, the right meets many difficulties. There are still many barriers in front of lawyers. In many areas lawyer meet suspect and the accused man still need the approval of investment organ. In the course of meeting, case details, time and times are strictly limited and detectives will supervise all the time.The author adopts comparative method and value analysis to research the above phenomenon through practical interviews, investigation and many academic materials. The difficulty of lawyer'meeting is caused by legislation, notion, system and mechanism, among those, the lost of concept is the root of the problem, legislative defects are biggest obstacles, lack of rational system and mechanism also restrict the effect of lawyer' meeting.For the purpose of solve the problem of lawyer'meeting, detectives and judicial officials must change the opinion of presumption of quilt and contempt of human rights, eliminate the differences of laws, regulations and judicial interpretations, publish enforcement regulations of the new law of advocate to make it convenient for implement, we must admit that lawyer is the defender of the suspect and the accused man before they are put to trail, lawyers can be on the scene when investigators interrogate criminals. In addition, judicial review must be set up, in this way; jurisdiction can restrict the power of investigation. Among all the measures, the key is reform of judicial mechanism; detention house must be separated from investigatory apparatus.The aim of the thesis is analyze the deep causes of the difficulty of lawyer'meeting, considering the special condition of our country, borrow good ideas of international and other countries'law, point out the protection of human rights is mega trend of the criminal procedure reform, then raise some measures aim at the difficulty of lawyer'meeting. Hope these measures can promote the implement of the new law of advocate and advance the optimization of criminal proceedings.With all the above measures, first, lawyers'meeting right can be strengthen, then help the suspect and the accused man defend against the infringement from criminal investigators; second, these measures can balance the status of prosecutor and the defendant; third, through the protection of the suspect and the accused man, the rate of wrong cases can be down; last, they can lay the foundation for our construction of rule of law.