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A Study On The Interrogation System Of Defense Counsel In China

Posted on:2015-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:B B ChangFull Text:PDF
GTID:2176330422475632Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Pre-trial procedure possesses high closeness. As uneven personal quality of someinvestigators and influence of investigative purpose, the criminal suspect without help oflawyer will suffer the illegal investigation easily, such as illegal interrogation. Presence rightthrough the "Miranda rule" is known around the world, and setting of the presence right oflawyers has become the "international standards" of modern criminal justice. The presenceright of lawyer was not brought into Criminal Procedural Law in China,although the right todefense has been improved drastically. The range of presence right of lawyers in the period ofinterrogation during the process of investigation will be discussed in this research. Accordingto the analysis of foreign legal system, the purpose of setting presence right for lawyer is notinhibiting illegal investigation. It aims at protecting the freewill confession of criminalsuspect and making them not affected by a strong forcing public authority. Using the occasionof modifying the criminal procedure law, the defense right concerning the basic setting of thepresence right was improved gradually, and legal aid system and interrogation measuresprovided strong supports. In this research, the author defines the scope of the case withgradual model development of presence right, clarify the rights and obligations of lawyers onthe spot, conform the cooperation between presence right, privilege of silence and methods ofaudio and video recording in different cases. In addition, it also gradually improves thecoverage area of cases about presence right. All of these above are based on the analyses ofinvestigation structure and characteristics of procedure before trial in China and drawinglessons from foreign excellent legal system.
Keywords/Search Tags:Lawyer present right, Miranda rule, Right to silence, Audio and videorecordings, Legal aid
PDF Full Text Request
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