A Study On The Right Of Meeting Counsel In Our Investigation

As one of the most core right, the right to meet with defense lawyers occupies the important position in this modification of the Criminal Procedure Law. The revised Criminal Procedure Law can better protect the meeting rights of lawyers with the suspect, the accused, particularly, the meeting rights in the investigation stage has been further improved. The improvement of the right to meet with defense lawyers in the investigation stage can better reflect the need that China’s criminal procedure law protects human rights and fights against crime, and better achieve the important task to respect and protect human rights. On the basis of the relevant legal provisions and theoretical study, this thesis describes the right to meet defense lawyer in criminal investigation stage in our country, focuses on interpreting the progress and shortcomings of the right to meet with defense lawyers in the criminal investigation stage, and then analyzes the differences of our system to meet with defense lawyers in the investigative stage between our country and the foreign countries, combines with China’s specific national conditions and judicial practice experience, analyzes the insufficient of our country’s system to meet with defense lawyers in depth and provides beneficial reference to further reform and improve our country’s system to meet with defense lawyers in the investigation stage.The article consists of four main parts as follows.Part1summarizes the rights to meet with defense lawyers. By introducing the concept and historical evolution process of the meeting right, it analyzes the existence value of meeting system and the importance of the litigation process and legal progress.Part2through the introduction and analysis for the foreign and international common system to meet with defense lawyers, the summarization of the guarantee of the right to meet with defense lawyer and restrictive clauses in the investigation stage to the right of defense lawyers to meet with security, in order to provide a reference for improving the system to meet with defense lawyers.Part3From the situation that the new criminal procedure law and the recent laws, regulations and judicial interpretations introduced by some offices, it analyzes the meaning and the existing problems of the system to meet with defense lawyers about new criminal procedure law, to have a comprehensive understanding of the realization degree of the right to meet with defense lawyer in China.Part4For the existing problems in the meeting process of defense lawyer, it puts forward the solution. The law explicitly gives the accused person the meeting right, sets the boundaries of meeting right reasonably,gives the right of video to defense lawyers in meeting process, sets up a neutral detention system,etc.