| The degree of legitimate rights of criminal defendants can reveal the level of legal civilization of a country. In China, the realization of the communication rights between criminal defendants and their relatives and lawyers met with many obstacles, indicating that there is still a long way to the full protection of the human rights, reflecting the power of the judiciary on behalf of the State, contrasting the low status of the defense. The author put the international standards of justice, domestic legislation and judicial practice as research points, trying to explore more effective ways to realization the communication right way.Main content of this paper consists of three parts.Straight to the point, the first part was the concept of the communication right, and discussed the characteristics of that right in details. Then the paper discussed the meanings of the communication in general and distinguished it between their lawyers and relatives.As Criminal procedure theory and practice focus on lawyer's communication rights, it's necessary to highlight the significance of the family and friends of criminal defendants'.Second and third part of the defendants respectively discussed communication rights of lawyers and relatives and friends, in the following order: the rule of law from the United Nations and the developed countries, the legislative provisions and the existence of specific problems, and finally make recommendations for improvement or construction.In the discussion of the communication rights between criminal defendants and lawyers, the author put the implementation of the new Lawyer Law as a dividing point, which enacting on June 1, 2007, and introduced the overview of the rights.Before the implement of the new lawyer law, the introduction of the content on the communication right scattered in Criminal Procedure Law, the lawyer law, some judicial interpretations and departmental rules. Compared with the Criminal Procedure Law, the new lawyer Law expanded the right, including communicating without approval but with the "three cards", being not listened and so on. However, because of the concept of discord, inadequate legislation implementation of alienation and other factors, the new rules did not implement. The situation has not been fundamentally improved Few people have studied of the communication rights between the defendants and their relatives so far, and in practice it is more difficult to achieve the right for the relatives and friends ,and the right has been more easily overlooked. The main purpose of this chapter is to raise the awareness of family and friends and tried to discuss the construction of the right. |
