On The Investigation Stage Of Criminal Suspects To Obtain The Right To Lawyers Apologist

After the Criminal Procedural Law of the People's Republic of China was modified in 1996, the suspect may obtain the lawyer's assistance during the investigation stage, but can't obtain the lawyer's defence. The content of "respecting and protecting human rights" was increased after the Constitution of the People's Republic of China was revised in 2004, which have very important meaning to the legislation and the justice of our country. The improvement of the lawyer's right to defend the suspect during the investigation stage seems increasingly essential. This thesis analyses mainly the justice and the legislation current situation and it's reason that concerns the lawyer's assistance discing the investigation stage, compares the similarities and differences, explains the necessity and the value idea foundation, puts forward the concrete improvement suggestion, which concerns the lawyer's right to defend the suspect during the investigation stage in our country at present. On the system structure, the thesis is divided into four parts.The first part analyses thoroughly the current situation that concerns the lawyer's lawsuit status, the justice and fee legislation current situation and it's reason. The author thinks the lawyer who offers assistance to fee suspect during the investigation stage in our country does not have the defender's lawsuit status, because he only offers assistance and does not collect and use fee evidence to safeguard the suspect's lawful rights and interests. The current judicial situation is less than satisfactory, because a lot of questions exist. For example, the great majority of investigation organization do not perform the duty of telling in accordance with the law, the lawyer's meeting right was given various kinds of restrictions; it is difficult to apply for bail right in accordance with the law; it is difficult to act as agent to appeal the right of complaint; it is difficult to find out the case in accordance with the law The legislation stipulation of our country has great disparity compared with international criterion. For example, the lawyer does not has the lawsuit status and fee concrete protection measure; fee meeting right is limited strictly; there is no the present right, fee right of kvestigatiig and collecting evidence, fee right of going over case files, and so on. The author analyses and thinks fee main reason is that the criminal suit legislation value of our country lies in ignoring human rights, pursuing to punish crimes and lacking effective restriction to the enforcement of investigation power, influenced by the theory of human nature in the thought of traditional philosophy of our country.The second part introduces comparativly the situation of the lawyer's right to defend thesuspect during the investigation stage. In this part, the author introduces firstly the mode of the lawyer's right to defend the suspect during the investigation stage in the countries of Great Britain American law system, the continent law system, Italy and Japan law system, and then compares these situations. The author thinks, the mode of criminal suit investigation are different, because history traditional, legal culture of the countries all over the world are different. Our country should absorb the rational factor among lawsuit theory of two fundamental law systems, change the values of lawsuit of our country completely, reform the criminal judicial system, strengthen to protect the suspect human rights, to improve the lawyer's right to defend the suspect during the investigation stage as soon as possible.The third part explains the necessity and the value idea foundation that concerns the lawyer's right to defend the suspect during the investigation stage in our country. The author explains the necessity and the value idea foundation based on developing criminal suit democracy to integrate with the international community, restricting investigation power to safeguard the suspect's human rights, promoting the court's trial way reform to structure the modem lawsuit mode, finding out the...