Study On The Right To Counsel In The Investigation Stage

The truth that the defendant enjoy the right of defense is a basical human right that the international society has been generally recognized.And exercising the right of counsel effectively under the lawyer's help is the most important procedural right.The lawyer's right to defense must exist in every step of Criminal Procedural.As the first stage of criminal procedure,investigation stage has the important foundation to investigating criminal and guaranteeing social security.How has the right of the criminal suspect been protected can directly influence the protection of the criminal suspect's right during all of the criminal procedural.But as a reason of the power of investigation's compulsion,unidirectionality and the long term influence of the authority principle,investigator have extencive discretionary power when they exercise their rights. And it often appears that abuse of power and aggretion of the criminal suspect's legal rights and interests.So safeguarding the criminal suspect to obtain the necessary and adequate lawyer's help is the inevitable trend of the criminal procedure's democratization and scientification. Advanced countries's legal systems in the world are provided in the investigation stage of criminal suspects the right of defense.The right to counsel in the investigation stage is the defense of criminal suspectsvand the right to an extension of being better able to safeguard the legitimate rights and interests of prosecution,so as to achieve the purpose of achieving justice.This article consists of five parts and thereby hope to constitutional amendments in 2004 under the protection of human rights an opportunity for reform,the investigation stage the rights of lawyers to reform the existing provisions to give lawyers more extensive rights in order to better safeguard the human rights of criminal suspects and other legitimate rights and interests.The first chapter:The foreign investigative phase of the right to legal counsel the current situation for countries to meet with lawyers in the investigation phase of the power,communication rights,questioned in the presence of the right to dissent and the right to the right to sue,Marking rights and criminal defense immunity were compared inspection,in order to obtain benefit from the experience.The second chapter:Lawyer's rights from the investigation stage,the legal basis of the analysis on the protection of human rights, realization of procedural fairness,criminal procedural democratization has made a legal discussion,in order to gain a broader investigation stage right to counsel and provide a theoretical basis;followed by the lawyers involved in investigation,to protect the effective exercise of criminal suspects the right to defense on the detection of the right to monitor,improve the detection of program areas such as defense and prosecution of equal relevance discussed.The third chapter:China's legal counsel's the status in the investigation stage,existing rights as well as the lack of the right to inspect, pointing out that lawyers for criminal suspects in the investigation stage to provide legal assistance to the status quo.The forth chapter:From the legal concept, legislative defects and oversight mechanisms to analyze the three aspects of the investigation stage of the reasons for the difficulties to exercise their rights lawyer with a view to the investigation stage to identify the right lawyer is difficult to enjoy extensive roots.The fifth chapter:Put forward the initial ideas that the investigation stage of our rights under the lawyers,including:the right of the criminal defense written into the Constitution,the establishment of an effective monitoring mechanism,expressly advocate the status of the investigation stage counsel for the improvement of the provisions of existing rights,to give a comprehensive Marking the investigation stage right to counsel,the right of investigation and evidence collection and the right of the limited presence.