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The Lawyer The Right To Defense Research

Posted on:2012-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChengFull Text:PDF
GTID:2216330344450181Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The criminal prosecution history is criminal suspects, defendants system establishment history, but also the expanding history. In the process of modern judicial reform, the criminal defense in depth and breadth and type in unceasing tends to expand and maturity. So we can say, the criminal defense system is sound and perfect, marking the kingdom of rule of law of development degree and social civilization. Lawyer anairport as criminal defense system, the core of its establishment and perfection of criminal procedure maintain the basic structure of the litigation has great meaning, but also ensure judicial impartiality and maintain the accused and the defendant balance, guarantee and safeguard human rights system core.But, in present China's judicial practice, lawyer anairport didn't get due attention and safeguard..In investigation phase, defense attorneys'position did not get the reasonable regulation. Lawyers in case the whole proceedings stage after the right has been greatly restricted. Form the reasons of this phenomenon is multiple, both legislation deficient, simultaneously,also has the system, concepts and judicial status of many aspects, such as problems.This article contains four aspects. The general principles of the lawyer anairport; the risk and request of lawyer anairport's exercising; the dilemma and reasons of attorneys exercise anairport; and the legislation and system guarantee for lawyers anairport.Attorney general principle, mainly defines and analyze the connotation and denotation of the right to defense and the lawyers anairport. Clear the lawyer anairport independence, screened the differents of defense, defense lawyers and lawyers anairport procedural rights of related categories,puts forward a lawyer anairport unique connotation, namely, the lawyer anairport diavolo lawyer in accordance with the entrustment, or in the process of lawfully exercise right that enjoys in and defend the floorboard of related rights. In addition, in this chapter, the author also to the lawyer anairport content and value are analyzed and evaluated, and fully affirmed the lawyer anairport in maintaining the litigation basic structure, ensure control equality between and safeguard human rights, etc will play the role that cannot be replaced.The risk and request of practicing lawyer exercise anairport, expounds the defense lawyer in practice in the process of risk and the present situation, discussed the existing lawyer perjury injustice and defects. At the same time, this paper also analyzes the subjective and objective reasons of the existence of the lawyers risk. The lack of legislation, system vulnerabilities, the social concept and deviation lawyer team diathesis of malaises factors such as jointly caused the defendant lawyer status of difficult situation. On this basis, this paper puts forward the defendant lawyer requirements and to defense lawyer should give safeguard.The dilemma and reasons of lawyer exercise anairport mainly take a empirical research for the right exercise restricted of the defense lawyer in practice process.This chapter have a research on the difficults of defense lawyer's right on meetst, assess, investigation of evidence, proof-providing cross-examination,etc, and finds the causes from the traditional cultural idea, the current legislative situation, national institutional arrangements and lawyer team own factors.The chapter of lawyer exercise anairport's legislation and system guarantee mainly provides some suggests on perfecting lawyer exercise anairport. The article emphatically from remodeling after social ideas, perfect the relevant legislation, sound related system and strengthen the lawyer group self-discipline puts forward the main point, in order to give full play to lawyer anairport in criminal lawsuit of practical significance, and thus promote the criminal procedure more democracy and civilization.
Keywords/Search Tags:Criminal defense, Lawyer anairport, Difficulties and perfect
PDF Full Text Request
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