Counsel Met With The Right Research

The Criminal Procedure Law of 1996 has offered a provision, that a defence counsel could meet a suspect or accused in the course of the criminal procedure. Offering the defence right want to provide efficient legal service and promote justice. However, many lawyers said the path for the lawyer to participate in the criminal cases is narrowed. It is difficult for a defence counsel to meet his client, access case files and collect evidence via investigation. Some lawyers are even feared of dealing with criminal cases and turn to other fields of practice, the proportion of defence counsel's participation in criminal advocacy is relatively low. How to enhance protection of defending rights is very important in the revision of the Criminal Procedure Law. In this paper, I also research that the rise of the defending right at every level. This thesis is composed of the following 3 Chapters.In the first chapter, it is particular to determine meaning of the meeting between lawyer and suspect or defendant in a deep-going way. Firstly, the meeting is the crucial base of the lawyer understanding the case accurately. Secondly, it is one of the extremely important aspects to strengthen the defending function of lawyers, so as to achieve the dual propose. Thirdly, we must balance the distribution of rights/powers between the prosecution and the defence. We should try to protect the basic structure in proceeding. Finally, the legislative proposal should stress on the stage of pretrial criminal proceeding.The second chapter makes use of 4 types of cases in the empirical work. This chapter discusses the present condition and formative reasons of the meetings' difficulty. A defence counsel is often faced with many obstacles at the stages of investigation and examination before prosecution. Some departments or officers for law enforcement only care about the interest of their side, often going against the goal of legislation and making expanded explanation of the law.In the third chapter, I put forward some suggestions as to perfect the meetings' provisions. Defending rights in the investigation are quite different from the stages of prosecution, pretrial preparation and adjudication. At the first level, we should improve the procedure for supervision upon adjudication and promote accountability for violations of the law. At the second level, we could use the advanced foreign provisions, and promote judicial justice and ultimately contributing to building China into a socialist legal system. At the third level, the part stress on the function of procedural punishment. In a word, I also prophesied that the rises of legislative proposal will be suitable for the Chinese realities as well recent accomplishments in judicial reform.