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On The Three Right To Counsel

Posted on:2007-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y S LuFull Text:PDF
GTID:2206360212483280Subject:Law
Abstract/Summary:PDF Full Text Request
Criminal defence stands for the defence which is contraposed to the accused and is conferred by the law to the suspect as well as the defendant in the cases of criminal litigation. Under the most circumstances, such a sort of action has to be realized by the defendant with the assistance of his lawyer. It is a legal system originating in the West and prevalent in all countries in the modern time. Its establishment marks a significant development of criminal justice and its spirit. The "defence" is an old term and the defence consists with the accusation. Criminal defence plays a crucial role in the cases of criminal litigation. Even though the existence of different contents in various historical periods, criminal defence still lies in and corresponds to criminal litigation. To a great extent, the system of defence directly reflects the status of a country's democracy and nomocracy. The rights of the lawyer's defence belong to the basic categories of the system of defence. The studies on the above-mentioned relevant issues are necessary to consummate the system of criminal defence as well as the system of criminal litigation.The defence lawyer enjoys different litigation rights at each stage of criminal produre. At the stage of trial the lawyer's rights such as acquiring notices, arguing, proposing evidence, inquiring and acquiring judicial documents could be ensured basically as a result of the common participation of the defence, the procuratorial authority and the court. But at the stages of the investigation and the initiating public prosecution three characteristic rights which international documents concerned and most coutries' criminal procedure code have are incomplete or even lacked. These three rights are meeting and communication, consulting and investigation. It has restricted the development of the criminal system of advocacy seriously for it are beset with difficulties. Clarifying the current situations and issues make us get the guarantee in legislating and practice. Only in this way could our country's criminal system of advocacy develop in a healthy and smooth way. Combining the existent problems of the practices of China's legislation and justice, according to the foreigncountries' relevant legal regulations on the lawyer's defence rights as well as the international general practices, the suggestions on how to consummate the defence rights of the Chinese defendant's lawyers are considered and put forward.By means of the discussions on the above-mentioned issues, the article aims to carry forward such an opinion that, as the legal servicemen of the suspects and the defendants, lawyers have to stick up for the legal rights of the suspects and the defendants so as to embody lawyers' social status and make more important contributions to the construction of China's legal system.
Keywords/Search Tags:meeting and communication right, consulting right, investigation right, the lawyer's defence right
PDF Full Text Request
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