Lawyers Rights Research Investigation Stage

Lawyer’s right refers that the lawyers enjoy the right of the meeting with the criminal suspect and the defendant in criminal action process. Attending in criminal proceeding and exercising rights are very important content during criminal lawsuit activity. Meet with the suspect or the accused, the lawyers can understand they may be suspected of offenses and the case specific circumstances, and listen to the suspect or the defendant was accused of the offense and their defense of reason, enabling a more good to provide legal assistance for criminal suspects for criminal suspects, the accused defense.Investigation stage as an important stage of the criminal proceedings, be investigated for crimes, protect the innocent, to achieve the purpose of criminal proceedings cannot be ignored. A long time, because of the mandatory power of investigation, one-way, as well as by the impact of terms of ideology, the investigators in the investigation to enjoy a wide range of discretion, coupled with the lack of understanding of their own legitimate rights and interests of criminal suspects, and thus very prone to the phenomenon of violation of the legitimate rights and interests of criminal suspects, this time, with the help of lawyers is particularly important.The paper is divided into four parts:The first part is an overview of the investigation stage meeting with a lawyer the right. Detail from the lawyers met with the right concept, features, and value basis.The second part of the investigation stage meeting with a lawyer the right to extra-territorial visits. This part discussed the foreign lawyer met the right requirements and the restrictive provisions of lawyers met the right, through a comparative analysis of China and the extra-territorial provisions on the investigation stage meeting with a lawyer right, draw the similarities and differences of both, in favor of my lawyer met with the right to further improve.The third part of the main analysis of the investigative phase of lawyers met with the right of the status quo from the Code of Criminal Procedure and the Lawyers’ Law, the provisions of the meeting with a lawyer the right to the chapter first analyzes of96Code of Criminal Procedure, on the investigation of stage of lawyers met the right requirements, and then combined with the judicial practice, met with a difficult reality Lawyers’ Lack specific analysis, and identified the reason for the lawyer met with difficulty, including the investigators to the old values, the pursuit of sect oral interests, as well as the lack of legal system, which targeted to solve the lawyer met with a rare problem. This chapter also made the new Law on Lawyers and the old Law on Lawyers, a brief introduction of the results achieved since the new lawyer law in regard to improvements of the old lawyer law attorney met with the right of the investigation stage, also the new Law on Lawyers and the existence the problem made the necessary introduction.Part IV just adopted the2012Code of Criminal Procedure, the provisions on the investigation stage meeting with a lawyer right first made a presentation and evaluation, which is the investigation stage in China meeting with a lawyer the right to a big step forward. Then exist for a specific judicial practice issues and their lawyers met with the difficulty profiling, targeted specific measures of the investigation stage meeting with a lawyer the right to perfect. Mainly to improve the legislative and judicial perfection, and met with the right to reasonable restrictions. Improve legislation including the right to clear the investigating authorities the duty of disclosure, harmonization of laws to explain the relationship between the provisions, increase met the right relief regulations, improve the administration of justice including the reform of the detention center management and supervision system, and the establishment of mechanism for judicial review.