Font Size: a A A

Research On Lawyer's Defense In Investigation Procedure

Posted on:2011-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:K Y ZhangFull Text:PDF
GTID:2166360308455158Subject:Litigation
Abstract/Summary:PDF Full Text Request
Criminal prosecution's history is the right to counsel development history to a certain extent, The right to counsel development's core lies in the lawyer to involve the criminal prosecution degree to be unceasingly thorough and the right to counsel unceasing consummation。The detection procedure takes a criminal prosecution relatively independent stage, is criminal prosecution's cornerstone. Utilizes the national formidable detection authority in this stage on behalf of the national detection institution, implements each kind of detection behavior and takes each kind of precautionary measure, In the national interest and the citizen personal interest struggle extremely intense detection stage, these involve the citizen basic right the detection behavior and the precautionary measure extremely are easy to encroach upon suspect's legitimate rights and interests.Keeps in balance the detection power and safeguard suspect human rights efficient paths one, is expanded and the practical safeguard suspect and the lawyer investigates in the procedure the right to counsel.Our country in 1996 revised Law of Criminal Procedure, attorney will involve criminal prosecution's timing advance to the detection stage, became my criminal prosecution democratization, the scientific important symbol, but many reasons caused attorney to involve the detection procedure to become a mere formality have not been able to display will control debate the mechanism introduction detection procedure which the people anticipated, safeguard suspect legitimate rights and interests function. This article the elementary theory which attorney defends from the detection procedure embarks, involves the detection procedure to attorney the legislation flaw and the judicial practice difficult position present situation carries on the analysis, and the pair process question's reason carries on the analysis, then proposed that consummates our country attorney in the detection stage defense preliminary idea.Besides the introduction and the conclusion, this article altogether has the following four parts:The first part: investigates elementary theory which in the procedure attorney defends. In this part main elaboration detection procedure attorney involves in the nature, the detection procedure attorney defends the historical evolution, investigates in the procedure to provide the defense for the suspect the rationale, attorney defends in the detection procedure the function.The second part : outside the territory investigates the inspection which quite in the procedure attorney defends. This part is obtains the right nature which, the suspect from the suspect attorney defends to obtain the beginning time which, attorney attorney defends to examine test papers aspects on the scene and so on power, power and investigation evidence collection, defends to the UK-US legal system and in mainland legal system's detection procedure's attorney conducts the research and the comparative analysis, obtains may the advanced experience which is used for reference by our country.The third part: our country investigates the insufficiency which and the reason analysis in the procedure attorney involves. Legislative which and the judicial practice present situation to our country this part is investigates attorney who in procedure defends carries on the analysis, and further from the traditional ideas and the modern lawsuit idea, legislative and the detection crime's reality needs as well as our country investigates the structure aspect to analyze our country to investigate in the procedure attorney to defend the difficult position the reason, for the next part proposed that constructs our country to defend system's suggestion to lay the foundation.The fourth par: investigates in the procedure attorney to defend construction of the system. This chapter is aims at our country to investigate the present situation which procedure attorney defends, and profits from the overseas advanced procedure, investigates in the procedure according to certain principle to our country suspect's attorney to defend proposed that the reform consummates the conception, and proposes the corresponding coordinated sets of measures.
Keywords/Search Tags:Criminal prosecution, Detection procedure, Attorney defends
PDF Full Text Request
Related items