Feasibility Studies, Establishment Of A System Of Counsel In Criminal Investigation Procedures

The value of justice to judicial system is that of truth to thinkingworld, both being of essence. However, it has always remainedcontroversial as to the concrete standards of justice. Despite the variousdebates, we are making ceaseless efforts with the realization of justice asour eternal goal.Thanks to the communication between the east and west as well asthoughts and criticism of depth on judicial practice, our criminal litigationhas seen considerable polish. Although there still fails to be thoroughchange on the traditional tendency of "laying much emphasis on theresult of litigation while ignoring the procedure", we sense clearly theimprovement revealed by people's increasing equal enthusiasm on bothsides and the utmost attention shifting from the trial to pre-trial procedure.Among these, the investigation phase, as an important and vital part,naturally comes to be the focal point.As a phase of clarifying facts, collecting evidences and capturing thesuspect, the investigation exerts crucial influence on the followingprocedures under the mode of "evidence being the focus". It's in this very sense that it's also proper to call "investigation being the focus." Seenfrom the practice, the investigation procedure of china gets a lot to bediscussed. The procedure structure is far from being sound, with sharpdifference between the powers of the prosecutor and suspect. The rightsof the latter enjoy no durable guarantee, sometimes even being lawfullyinterfered. Actions are certainly to be taken under the guidance of justiceto build a harmonious country ruled by law.Therefore, this essay is aimed to put forward certain shallowsuggestion on the reform of the investigation procedure. Detailedobservation is made on the basis of epistemology, litigation structure andprinciple of procedural justice. Through analyzing the foreign andinternational conventions, the writer calls upon great attention toestablishing the precise position of lawyers and improving relevantprocedural regulations guaranteeing their attendance in the case, theirlitigation rights as well as physical security.