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Meeting Right Of Lawyer

Posted on:2011-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:F P ShiFull Text:PDF
GTID:2166360305991749Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Meeting right is an important right for not only the lawyer, but also the suspects and defendants. After the passage of the new law on lawyers, this right has drawn people's attention again and has caused heated arguments.Lawyer's meeting right refers to the right the lawyer commisioned or designated owns to communicate with the suspects or defendants according to the law during the criminal lawsuit procedures from the day when the suspects are interrogated or taken coercing measures by the investigation organ. Lawyers are right of defense lawyers, the exercise of rights derived from the fist rights, The lawyer's right, defensive right; adversarial The lawyer is practicing rights and procedural rights lawyer. Lawyers for the realization of human rights protection, to achieve judicial justice, to ensure that lawyers and lawyers to promote independently in accordance with the practice, to strengthen the healthy development of the investigation organ and other special supervision organs to achieve judicial harmonious, and promote the realization of harmonious society.The lawyer's meeting right can be displayed as information communication, suggestions consutation, legal aids, and defendant acts. The subjects of the lawyer's meeting right are bidirecitional, and are the foundations and premises for lawyers to perfom other lawsuit rights during the criminal lawsuit procedures. The methods to realize this is confidential, is the unity of form and content, is the most sufficiently contactd right between the lawyer and the detainee, having the tendency to be misused.Lawyer's meeting right is the derivative of the lawyer's defending right, the premising right for performing the defense right, a legal right for lawyers, an antaganism right, a defensive right, a practice right and the lawsuit right. The realizaiton of lawyer's meeting right is beneficial to protect human rihgts, to ensure the lawyers practice indepently according to the law, to promote the healthy development of the lawyering, to prompt the investigation organ to improve their detective rights, to reinforce the supervision over the specialized organs such as the investigation organ, and to realize the lawsuit justice and the harmony of justice and the society.The relevant regulations for the lawyer's right has been in our country's criminal lawsut, lawyer's law, relevant rules, justice explanaiton, ec. However, those regulaions are not accordant and have a big distance from those in the principal legally developed countries, needing improvements.The regulations about the lawyer's meeting right have made greater advances in contrast with those in the old lawyer's law and the criminal lawsuit law, which display as follows: state clearly that meeting right is the lawyer's legal right; make the time of lawyer's involment in the criminal lawsuit ahead of schedule again; need no approval for the lawyer's meeting; make no evasdrop during the meeting. However, the disadvantage are existing as well, which can be seen in the general regulaions, the unclarification of the meaning of quite a few terms; the discordance with the lawsuit law, lack of the regulations on the aid of the meeting right and on the punishment for damaging the lawyer's meeting right.In practice, the lawyer's meeting has many obstacles, small effects, formalizaiton and difficulty in right aid. The "meeting difficulties" are mainly displayed as follows: the investigation organ refuses them to meet regarding the involvment of the country's secerency; the meeting which need no approval but is required to get approval by the investigation organ; the investigaion organ doesn't make arragements in time;the time and times are limited; during the meeting the investigation organ sends officers monitor on the scene; the contents of the meeting is restricted too; the conditions for the meeting are poor and the expecting effects can't be reached, etc. The reasons for the "meeting difficulties" mainly lie in: the law regulaitons are not unified and accordant; the inborn difficiency of the legislation of meeting right; the high rate of crimes and the low efficiency of investigation; the out-of-date and backward ideas; the unequality of the prosecuting and defending positions; the comparative big authority of the investigation organ; the investigation right lacks supervision, restriction and the meeting right lacks aid, etc.To solve the lawyer's"meeting difficulties"and ensure the full realizaiton of the meeting right, great efforts should be made in the following aspects:first, transform the concept of lawsuit: establish the concepts of "no guity until proven" and "regarding human beings as the foundations"; build up the scientific criminal lawsuit objective,"justice harmony"and the proper investigation concept. Second, perfect the regulations and unify the legislation; state clearly that making arrangements for the meeting between the lawyer and the detainee is the obligations of the investigation organ; detail the 33rd regulaitons in the new lawyer's law; legally grant the meeting right to the suspects and the defendants; establish the appoaches to meeting right aids. Third, reform the relevant system: cancel the meeting approval system; cancel the right of the commissioned person on the scene; confirm the information obligation of the investigation organ; grant the lawyer the meeting right sceretly; make sure that the defendants enjoy the right of recording, videoing and shooting during the meeting between the lawyer and the defendant.Confirm that the testimony got by the investigation organ in the condition of preventing the lawyer from meeting can't be a basis for the convict; establish the legal aid system before trial and perfect the evidence system; Fourth, establish the relevant assorting measures:put the detention house under the administration of the justice organ and improve its conditions; improve the investigaion level and the quality of the investigation staff, intensify the education of the investigation staff and the punishment for their violation behaviors; reform the current criminal lawsuit pattern; reinforce the supervision over the lawyer's practicing acts and construct the community of the legal carrer.
Keywords/Search Tags:lawyer, meeting right, right guarantee
PDF Full Text Request
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