| China's 1996 revised "Code of Criminal Procedure," provides for a suspect who was forced to take measures to get the date of the assistance of counsel, but the problems in judicial practice is relatively more difficult the rights of criminal suspects be guaranteed. Investigation procedures to establish the presence of lawyers in the right to defend the rights of criminal suspects as a supplement to a certain extent, balance the power of prosecution and the defense. The paper reviews the major countries of the world based on the presence of a lawyer the right to put forward some measures for China's national conditions and related system, hoping to help our investigation procedure in the presence of counsel rights legislation and implementation.Except the introduction and conclusion,this article is divided into three parts.The first part describes the meaning of the right to the presence of counsel, the theoretical basis and the establishment of investigative procedures in the presence of lawyers need for the right. In this paper, China's national conditions, on judicial practice problems were summarized, analyzed the process of our investigation the presence of lawyers to establish the right of necessity, for the presence of a lawyer in China to implement the right to have some reference.The second part is the world's leading lawyers in the country were studied in the presence of power. On civil law and common law countries in the presence of a lawyer representative the right system design and characteristics were compared, analysis of the different two legal systems and their respective strengths and development trends.The third part mainly discusses the procedures in our investigation the presence of lawyers set up the right to basic problems. Introduces the presence of a lawyer the right to apply to the scope, manner, time, procedures, and the exercise of protected rights and obligations of counsel, if present, my coutry need to improve the relevant system.
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