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Criminal Defense Counsel The Right To Study

Posted on:2011-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:C P ShaoFull Text:PDF
GTID:2206330335997874Subject:Law
Abstract/Summary:PDF Full Text Request
This dissertation is on the rights of criminal defense lawyers and institutional research, including four chapters, mainly from present situation of the criminal defense lawsuit right.Focusing on the basic theory of the lawsuit right of criminal defense lawyer, it compars with the rights of foreign criminal defense lawyers, investgates the status of defend lawyer's lawsuit right, analyzes the reason of the rithts becoming weak, imagines on perfecting the sfeguard system of the rithts, etc.. It was compaerd and analyzed by methods of the actual evidence investigation and the comparing study, and centering on the issues of the current of exercise defense lawyers'rithts. It has a certain reference value and realistic significance to reform and to perfcet lawyer system.The thesis studies our country attorney's lawsuit rights present situation,try ot give some advice on how to improve attorney's lawsuit rights. It gives some advices on how to improve attorney's lawsuit rights. The advice includes:at the detection stage, confirming attorney with the lawyer's main body status; consumnmating the right of meeting; entrusting attorney with the right of being on the spot when the detective inquires the suspectï¼›strengthening attorney the right of investigation; entrusting attorney with the right of applying for preserving evidence; entrusting attorney with the objection right when meeting with improper precautionary measure; entrusting attorney with the right of applying for removing illegal evidence. At the prosecution stage, includes:consummating the right of the attorney's reading records; consummating the right of the attorney's investigation. At the trial stage, includes:entrusting attoney with the right of exemption; entrusting attorney with the right of avoiding testifying; entrusting attorney with the right of full debate; entrusting attorney with the right of the defense's being accepted. In terms of Procedures, it proposes to establish the institution of procuratorial supervision and the institution of actionability in detective procedure.
Keywords/Search Tags:attorney, the criminal defense, lawsuit right
PDF Full Text Request
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