Lawyer Rights And The Status Of The Investigation Stage Analysis

Lawyer in investigation phase determination of the position of the legal right and have not only whether can fully exert the sufficiency in relation to the forensics, and effectiveness, timeliness more relationship with the criminal suspect litigation rights can be effective maintenance, judicial fairness can be realized. China's current "criminal procedural law" no lawyers in the investigation phase to be explicitly stipulated in legal status, leading to the role of lawyers in the investigation phase to play, meanwhile, the legal right to a lawyer also lacks specific measures to safeguard, leading to the criminal suspect basic human rights infringement frequently occurred, directly affects the judicial justice. In view of this, it is necessary to establish a lawyer in investigation phase legal status, the defenders of lawyers in the constructing perfect litigant rights investigation phase of legal system. Based on the analysis and research of lawyers in the investigation phase legal status and litigation strands of rights, on the basis of relevant theoretical reference of foreign more mature, combining with the legislation in our criminal lawsuit investigation phase lawyer right exercise on the current situation and existing problems, and puts forward some constructive Suggestions include legislative Suggestions and related system construction, etc. According to the internal logic into four chapters:The first chapter basically introduces lawyers in investigation phase the basic theory, legal status in the analysis and study at present, there exist several theories and according with our lawyers in criminal lawsuit investigation phase position is proposed, based on the status of the investigation phase clearly China lawyer defender legal status of significance.The second chapter presents a lawyer in on our current procedural rights investigation phase, through the analysis of the legislative provisions of lawyers in the investigation phase right, right, met with blank present right legal right to exercise the judicial situation, inadequate that expand and improve our lawyers in criminal lawsuit reconnaissance, the necessity of the litigation rights.The third chapter presents a continental law system and common law lawyer in investigation phase legal status and have the condition of the litigation rights, and analyses the comparative analysis, for our country to improve and constructing the relevant system provide useful references.The fourth chapter is this paper focuses on the above three chapters, introduced by lawyers in investigation phase explores our country legal status and litigation rights reform path. Mainly includes China to establish a lawyer, passed legislation in investigation phase legal status, expand the defender and perfected the meeting right and present lawyer investigation of evidence, right, right, right to read and the construction of the litigation rights procedure safeguard and related external construction system to improve China's lawyer in investigation phase defense environment.