On The Protection Of The Rights Of Defense Counsel

Defending system of criminal is an important system. To protect the rights of defense counsel, not only to give full play to defense counsel's role in criminal proceedings, but also to protect the suspect, the defendant's legitimate rights and interests of basic human rights, social justice is also of great significance. While China's existing laws to strengthen the position of lawyers in criminal proceedings and the role of a lawyer also made it clear right at all stages of the proceedings, but there are some problems, such as the right to counsel under the law is not complete, its more limited more than the exercise of the rights of defense lawyers lack the appropriate security measures. In addition, the traditional concepts and legal environment and other factors, defense counsel repeatedly violated in practice. Criminal defense lawyers the right to the problems encountered have been seriously affected China's socialist legal construction. Therefore, it is necessary to further improve the rights of defense counsel to fully protect the rights of defense counsel to exercise. Prosecution and the defense the only way to truly establish a balanced structure in adversarial proceedings, give full play to lawyers in the protection of human rights, justice and the special value.In this paper, the content of the right to defense counsel, features, combined with the need to protect the rights of defense lawyers, foreign criminal defense lawyers on the rights of the comparison and reference, of the rights of our criminal defense lawyer in less than, for example, law does not give lawyers as counsel in the investigation stage; law does not grant the right of the phase of investigation the presence of counsel; defense counsel met with the right to be difficult to achieve; Defence lawyers extremely restricted; investigation and evidence collection is difficult and so on. In view of our criminal defense lawyers in the right situation, the author made to improve the rights of our legal counsel recommendation. In terms of legislation, make clear that the lawyers in the investigation stage the dominant position of counsel; give defense counsel in the investigation, prosecution questioning suspect in the presence of power; changes in our legal rights against the defense lawyers the relevant provisions. In justice, we must expand and improve the right to meet with defense counsel, the right of investigation and evidence collection and scoring power to protect the personal rights of defense counsel. In addition, build and perfect the relevant supporting systems to ensure that defense counsel's effective exercise of rights.