On The Perfection And Guarantee Of Lawyers' Right To Meet In Investigation

The investigation stage right as the right to defense is an important part of thecriminal suspect, is the most important one of the defensive right. Right is beneficialnot only to strengthen the defense function, supervision of investigation power, butalso conducive to safeguarding the legitimate rights of criminal suspects, more on therealization of criminal procedure justice is a very important impact. But in the judicialpractice of our country, because the laws of investigation right regulation function tobe perfect, led directly to our country in the period of criminal investigation to ensurethe meeting.At the stage of investigation, lawyers can effectively realize meeting right,directly affect the counsel for the defense functions into full play. Lawyers in theinvestigation stage only fully exercise right, can from the accused person learned thebasic facts of the case, to understand whether the prosecution authorities accused bythe improper treatment, and to the accused person with legal advice and assistance,this also as a lawyer in the trial process and give full play to its function of Defenselays good foundation. This paper is based on the eleventh session of China’s NationalPeople’s Congress of fifth session of the" Criminal Procedure Law" revision as anopportunity, and with the newly revised" law of criminal procedure" as the angle ofview, analysis practice leading to a lawyer" meets hard " reason, and put forward thelawyers met with the investigation stage to improve the right conception.There are totally four parts in this dissertation except the introduction,more than30,000words.The first part of this article mainly elaborated in the present legal background,the investigation stage with great difficulty. Which mainly include: meeting with theparties approved the difficulties met in the process; restricted too much; with aprocess time to be supervised; when the meeting is violated, the lack of effectiverelief; both are met risk.The second part of this article mainly narrated our country the investigation stageright of development and legal value. First we for our investigation stage right history is reviewed, then a detailed analysis of the right of cogent safeguard investigationstage significance.The third part of this article mainly according to the" Criminal Procedure Law"revision, the lawyers met with the investigation stage of the right content wereevaluated, lists many advances perfect provisions, highlight the achievements of thereform of criminal suit of our country. But at the same time also analyzed aftermodification, in the judicial practice may still exist deficiencies.The fourth part of this article mainly proposed for China’s criminal litigationprocess in investigation stage right perfect security recommendations. Change is not asuperficial, should be a multifaceted. We will combine macro and onlookers, practiceand spirit of unity, closely related to our country’s actual judicial situation, summed upa set of real for our good advice.