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Lawyer The Right To Study

Posted on:2012-09-18Degree:MasterType:Thesis
Country:ChinaCandidate:F D TengFull Text:PDF
GTID:2206330332492278Subject:Litigation
Abstract/Summary:PDF Full Text Request
Lawyer help rights in China's current controversial system, the United States as one of the open this system in a lot of toward patriarch is urging its complete after case occurrence, but investigate its root cause is the U.S. the constitution gives the people's rights and procedural system requirements.The constitution gives the every citizen anairport. lawyer help right is the right to outspread. Lawyer help right system is met by told right, power and authority, interrogation investigation of evidence right present four components, program as principle, the principle of presumption of innocence, accused of equality between the principles and pretrial procedure guarantee human rights have emphasized the public power restriction, strengthen the rights of the criminal suspect the defendant lawyer help right safeguard, from both entity and procedure maintain suspect legitimate rights and interests. Lawyer help right is the origin and development of the pace of The Times. This article through the assistance of counsel right legislation present situation, judicial situation analyses the reason of their existence, the revised "criminal procedural law" and the new lawyers law in content. this gives practical contradiction bubbled up personnel bring a lot of inconvenience, XiangLin cases, reconnaissance auinorily of (?)egligencc resulted in a crime procedural gives suspects appear, human rights didn't get safeguard. The existing problems, and puts forward corresponding solutions in investigation stage to lawyers for help, the criminal suspect in the program not only guarantees suspects the investigation organ of the human rights also help reduce crime, grievance. Contrast foreign lawyers to help right system abroad, summarizes the assistance of counsel right procedures and implementation plan for the implementation and provide reference for lawyers to help right system. A lawyer should be included in our constitution help right; The international rules and regulations concerning lawyer help right system in our country law absorbing; Establish effective lawyer help right principle: Set the right of lawyers to help remedy mechanismIn this paper, using lawyer help right system in our country, the comparison analytic method under the current system using an empirical analysis. Primarily for better perfect our country's lawyer system in China is carried out, and the international community.
Keywords/Search Tags:lawyer help right, guarantee of human rights, and empirical analysis, and perfect
PDF Full Text Request
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