A Study On The Right Of Lawyer

One of the rights of defence is The Presence right of lawyer，of which the procedural justiceand the value of protecting human rights are widely accepted in the international society.TheCriminal Procedure Law implemented by our country on January1,2013endow the right thatthe lawyer enjoys the law position of the counsel in investigation phase. However,it is regretfulthat the Criminal Procedure Law does not explicitly stipulate the presence of lawyer during theinvestigation of interrogation.Due to defects of investigation interrogation program, the rightsof criminal suspects are most difficult to be safeguarded at this stage. In order to more effectivelyprevent the investigation organ illegal interrogation,better guarantee the legitimate rights ofcriminal suspects and realize the judicial justice, I consider that it is a beneficial attempt tointroduce lawyer presence right system in the investigation of interrogation.In combination withour country judicial present situation and Foreign legislation and practice, this thesis concludesthe value of lawyer presence right system and feasibility established in our country from theanalysis of lawyer presence right’s theoretical foundation.This thesis is divided into five parts,about thirty thousand words.The first part is basic theoretical research about the right of lawyer present.First of all,I explainwhat the lawyer presence right is. Through a comprehensive understanding of the meaning, Idefine the lawyer presence right researched in the context as the right of lawyer presence in theinvestigation of interrogation.Then I selectively analysis the innocence presumption principle，the principle of due process，defendant equilibrium theory and the authority restriction principlein order to provide a sufficient the oretical basis of the lawyer presence right.The second part is the investigation about the right of lawyer present regulations and practicesin other countries and regions in the world.I inspect not only Common law countries,but alsocivil law countries.learning the regulation and practice operation about the right provide us somerefence.This part is legislation present situation about our country lawyer presence right andcause analysis for the lack.At first,I review the revisions of the criminal procedure law in ourcountry,which excluded the right of lawyer presence without exception.In Chinese mainland,thelawyer presence right system isn’t still established,yet to varying degrees the lawyer is assignedthe lawyer presence right system in the investigation of interrogation in Hong Kong, Macao andFormosa.Secondly I analyses the lack of the right of lawyer present in our country.The third part is to study the the system of the right of lawyer present value and feasibilityanalysis in our country.Firstly,I intend to point out that improving right awareness,strengtheninglegal supervision,realizing the defendant balance,improving the efficiency of lawsuit is value onthe right of lawyer presence system.Secondly, with becoming much more aware of their legalrights and Constantly improving the legal system,it is possible to establish the system of the right of lawyer present.The fourth part is to put forward some advice on constructing this system;and to formulatepreliminary ideas on the right of lawyer present scope;subject;right content;supportingmeasures and so on.