On The Investigation Stage, To Counsel The Right

The right to defense is the right that is endowed to a criminal suspect or a defendant by law when they are accused, the right to safeguard their legal interests and the right of the core of litigation rights system. In the course of investigation, each innocent having something to do with the case, may be accused .More often than not, because they don't know about the law and even may be in custody, they can't protect themselves by law properly. So they eagerly want the help from lawyers. However, the time periods are usually very long in the course of investigation and the help from lawyers entrusted by the law in our country is very limited, so the criminal suspects can't protect themselves efficiently. Therefore the right to defense should be endowed to lawyers in the course of investigation.It is very important and urgent to endow lawyers the right to defense in the course of investigation. With the beginning of connotation of lawyers' right to defense in the course of investigation this paper defines the meaning of the right to defense, points out that only when the lawyers are endowed the right to defense in the course of investigation, can the legal interests of the criminal suspect be protected better, making the unguilty free, the guilty punished. Then, the paper describes the embarrassed circumstance of lawyers in the course of investigation in detail, through analyzing the rules of the Criminal Procedure Law and inspecting the present conditions of the course of investigation .With the contrast of the way of other countries, such as the Britain, the USA, etc. and the crime judicial standards of the United of Nations ,it is a general action and also a basic demand internationally to endow the lawyers the right to defense in the course of investigation . Furthermore, the paper reveals the existent deep problems because of the lack of lawyers' right to defense in the course of investigation through many aspects ,such as the law of enacting ,the law of enforcing, litigation composition. Finally, it is pointed out that in the paper that it should be ruled in the constitution explicitly that citizens should have the help of being defended by the lawyers in all the periods, the lawyers should have the right to defense in the course of investigation and the criminal suspect in custody can get the above rights with the ensuring of complete organizations of law support. Only through utilizing the right to defense in the course of investigation can we really realize both the aims of punishing crimes and safeguarding human rights so as to promote social harmony.