Counsel And The Defendants' Meeting With The Right To Communicate

The right of communication is the foundation and the safeguard of the defending rights, so study how to protect the realizing of communication right is very significant. The lawyer and the detainees should have the right to ask for communication by visit, letter and so on. The communication content should be confidential and involving in the case, unless authorities have reasonable cause to believe the privilege is being abused. consultation is restricted when it is considered indispensable. Protecting the communication right is for the assurance of human rights, for the protecting of the detainees defending rights and realizing procedure justice. The realizing of communication right needs right informing policy, legal help,right relief and so on . Restricting the communication right is to protect the right for communication and prompt penalty crime, and also cannot infringe the detainees basic human rights and effective counsel realization. China and foreign country's communication are difference, but also has the same spot. Profiting from the law developed country the legislative experience regarding to the communication right has the great significance. At present, our country meet with the communication request authorization which the communication right does not need to authorize, to authorize refuse the authorization, investigative organs general staff at the scene and surveillance, communication places setting unreasonable. To improve the judicial work personnel law professional quality, consummates the communication right to inform, to provide the legal help, the effective relief measures and the sanction measure and so on may promote the communication right consummation, then protect the communication right prompt, full and finally realizes.