On The Right Of Investigation And Interrogation Procedures In The Presence Of Counsel Established

This dissertation consists of five parts. It comprises 30, 000 characters.Part One: Introduces the fundamental theory on the right of lawyers-on-site. Firstly, introduces the origin and the connotation of the right of lawyers-on-site. Then, expounds the theory of establishing the right of lawyers-on-site from the following four aspects: the limitation of power, the protection of human rights, the effective defence and the fair procedure.Part Two: Analyzes the phenomenon and the reasons of absence of the right of lawyers-on-site in China. The phenomenon deprives from dependent on the oral confession in the investigation procedure, the deficiency of the concept of the protection of the human rights as well as the lack of the idea of the due process.Part Three: Analyzes the necessity and the feasibility of establishing the right of lawyers-on-site in China. Establishment of the right of lawyers-on-site will meet the following needs: making up the deficiency of detection structure, realizing judicial fairness, establishing harmonious social and meeting the internationalization and globalization. Then, demonstrates the feasibility of establishing the right of lawyers-on-site in China from the following three points of view: the conception, the system and the operation.Part Four: Reviews the provisions and judicial practice on the lawyers-on-site. Introduces that of many countries and main districts of the world. For example, America, England, Australia, Germany, France, Italy, Hongkong and Taiwan of China, etc.Part Five: The idea of establishing the right of lawyers-on-site in China. Firstly, the main problems of establishing the right of lawyers-on-site includes the applied range, the establishing pattern, the rights and obligations of lawyers. Then, puts forward the legislative suggestions on the right of lawyers-on-site from the following three aspects: the procedure, the surroundings at interrogation and the measures of remediation. Lastly, the relevant problems which should be done: establishing the unattached detention system from the investigation power and establishing rigid regulations of excluding lawless wordage evidences.