Lawyer Criminal Defense Litigation Rights Research

Attorney, as the crime suspect's and the accused person's lawyer legally attends the criminal prosecution. It is helpful to defend litigant's legitimate rights and interests. Moreover, it is helpful for the judicial organ accurately to verify the case fact and to realize the judicature fair. At present our country attorney's criminal defense lawsuit rights are still weak in many aspects. For example, the right of meeting and the right of investigation are still weak. These have already affected the quality of the court investigation and debate. Although attorney may involve the lawsuit ahead of time, at the involvement detection stage attorney's lawsuit status is not clear about. These flaws have hindered the judicial reform advancement. These flaws have affected the realization of judicial fair. The thesis studies our country attorney's lawsuit rights present and gives some advice on how to improve attorney's lawsuit rights.This thesis has four chapters. It traces the basis of the attorney's lawsuit rights, elaborates our country attorney's rights present, points out problems, analyzes the reason, and studies the model international joint pledge and other countries attorney's lawsuit rights, gives some advice on how to improve attorney's lawsuit rights.The first chapter traces the basis of the attorney's lawsuit rights. It is decided by defense attorney's responsibility and the criminal defense's particularity. It is advantageous to promote the development of the barrister system. It is advantageous to the realization of the criminal prosecution goal and the duty.The second chapter from the detection stage, the prosecution stage, the trial stage elaborates the present situation of our country attorney's lawsuit rights, points out problems, analyzes the reason: the traditional law culture influence; imperfect legislation factor; unobvious system factor; heavy entity and light procedure value orientation influence.The third chapter narrates the international joint pledge and the stipulations about other countries attorney's lawsuit rights. The international joint pledge stipulation includes: complete, promptly realizing the right of the attorney's counsel; the right of the attorney's contacts, the right of the attorney's meeting; the right of the attorney's reading records; the right of the attorney's opinion exemption; the right ofthe attorney's silence; the right of attorney's person safeguard and so on six aspects.The last chapter sums up three chapters of contents above and gives some advice on how to improve attorney's lawsuit rights. The advice includes: at the detection stage, confirming attorney with the lawyer's main body status; consummating the right of meeting; entrusting attorney with the right of being on the spot when the detective inquires the suspect; 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 attorney 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 opinion's being accepted.