Investigation Stage Meeting With A Lawyer The Right To Study

Investigation stage right lawyers met with lawyers in China have an important right of action. Lawyer will not only help to strengthen the right to defense counsel functions, oversight investigation right, but also conducive to safeguarding the legitimate rights of criminal suspects, but also for achieving justice in criminal proceedings has a very significant impact. However, in judicial practice, the lawyer of the right of law provisions also needs improvement, leading to a lawyer at the investigation stage of the meeting is difficult to be guaranteed the right. This paper is revised through the "Law Law" legal and judicial status of the practice of lead counsel "met with difficulties", and suggests the investigation stage right of lawyers met the improvement ideas.Investigation stage is the realization of the right of lawyers met the basic premise of the right to counsel. That is, at the investigation stage, counsel can effectively meet the realization of the right to exercise a direct impact on the defense counsel functions into full play. Counsel only in the investigation stage right to the full exercise of the meeting, where the accused person can learned from the basic facts of the case, learned that the accused is prosecuted by the authorities over the improper treatment, and the accused person can provide legal advice and Help, which is in the course of the trial lawyers give full play to the functions of a good foundation for his defense.This article is divided into fore parts.The first part discusses the right of lawyers met the investigation stage location and function, as well as domestic and international laws on the comparison of the right lawyer. Investigation stage specific detailed presentation concept of the right lawyer, characteristics and significance, and compare with the foreign law, assessment meeting with our lawyers the right of the investigation stage, there are those who deserve a place to absorb and learn.The second part of the investigation stage, the status of the right lawyer. Mainly from the "Criminal Procedure" and "Law Law" provisions on the lawyer the right to proceed from the legislative point of view in-depth analysis of the status of the right lawyer, and the Criminal Procedure Act conflict with the law under the exercise of the right lawyer status. Also from the judicial point of view met in the investigation stage to exercise the right to counsel into the details of the current situation, including the investigation stage in the judicial practice more restrictions on lawyers meeting, the meeting conversation by listening, as well as meeting with lawyers over the approval process strict and so on. By analyzing the lawyer the right to legal and judicial status of the investigation stage to fully demonstrate protection of the need for exercise of the right lawyer. Counsel for the third part of "Meet the difficult" situation, specific analysis of lead counsel "difficult meeting" reasons, including "Law Law" on the right meet operational requirements is not strong, the rule of law awareness indifferent investigative organs, and the quality of lawyers low and so on.Fourth part of the investigation stage of the lawyer of the right to perfect. Were made in legislation the right of lawyers met with the improvement, including the right of lawyers met to develop the implementation details; to establish the right of lawyers met with relief mechanisms; clear the right of lawyers met the basic program; and to achieve convergence between the relevant laws. Then made from the judicial power of the perfect meeting of lawyers, including the establishment of judicial review system; the implementation of separation of investigative detention; the establishment of judicial relief provisions; and regulate the practice of law.