Theory Of Right Of Lawyer Present

The lawyer’s right to be present is an integral part of the lawyer’s right to defend and plays an unmistakable role in controlling the interrogation of the investigative organs and safeguarding the lawful interests of the criminal suspects. As the development of the rule of law and the elevation of the human right safeguarding system and due process concept, various countries all instituted the lawyer’s right to defend in the legal stipulation. Nevertheless, due to historical reason and traditional perception of the rule of law in China, we have no such system in place. In order to make up for the structural problem in the investigation process and safeguard the human right as well as realize judicial justice, the author borrows the system for the lawyer’s right to be present from the western countries and put up with the system design scheme of the lawyer’s right to be present by starting with sourcing the reason of the absence of the lawyer’s right to defend and analyzing the necessity and feasibility of the lawyer’s right to be present.