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A Study On The Exercise Of Pre - Trial Procedure Counsel In The Context Of The New Criminal Procedure Law

Posted on:2015-10-12Degree:MasterType:Thesis
Country:ChinaCandidate:X S HeFull Text:PDF
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From the assurance of human rights to the improvement of the systemof criminal procedure,“Criminal Procedure Law of the People’s Republicof China” has been revised in large scale in2012.This is huge improvementof our rule of law. Besides, the improvement of the lawyer’s defensesystem is one of the highlights. The perform of lawyers’ right to defendis of great significance, especially in the pretrial procedure. It’s notonly related to the communication between lawyers and the suspects ordefendants, but also the precondition and foundation for lawyers toparticipate in the following trial activities sufficiently anddefense for the accused legally and reasonably. It affects lawyers’whole work,and is very important to guarantee the rights of the accused.However, the abstractness and lag of the legislation itself has determinedthe loopholes and shortcomings of law lawyers’ right to defend, and withthe implementation of the new law, there are inevitably some problemsabout the legal practices in related rights need us to find and solve.Here in China, there is no lack of research of the related problems. Withthe rule of law concept putting forward in China, both the theory andpractice field pay great attention to the exercise of lawyers’ rightto defend. The exercise of lawyers’ right to defense in pre-trialprocedures has always been hot spot in procedural law educational research.But the author thinks that there is still space for the study of theproblems in the background of new law. On the one hand, It’s not longenough for the new "criminal procedural law" to implement, the provisionsof the law about the right to defend is still in its practice, there aremany problems worthy of exploring and research; On the other hand, thedomestic research articles currently give so much attention to the studyof the theory that it’s obviously not enough for the exercise of the rightto defend in the pretrial procedure,related research is slightly less.In my paper, in addition to contrastive analysis of new points beforeand after the modification of the law and the general state of lawyers’right of defense in pre-trial procedures, there are also detail stateseparately for lawyers’ right to meet and communication, right to read and right to invest. On the one hand, the author analyzes the progressand disadvantages of provisions of law on lawyers’ right to defend inpre-trial procedures under the background of new law, throughcomparative analysis of law and the study of related theoretic. On theother hand, the author also carried on the empirical research on relatedproblems through the internship experience in law firms, study ofrelevant meetings, and reports, and analyzing the related cases, datacollections.And so, found that after the new law, there are stillproblems for lawyers’ right to defend in pre-trial procedure. Finally,the author gives improving suggestions to the problems when above rightshave faced. And to explore stronger protector to lawyers’ right todefend. This article is not a pure theoretical research, it emphasis onunderstanding the present situation of the implementation of the lawthrough the empirical research analysis,so that we can promote thelawyers to exercise of the right to defend more effectively through thetheory applies to practice.
Keywords/Search Tags:Pretrial procedures, Right to defense, Right of meetingand communication, Marking the right, Right of investigation
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