Research On Lawyer’s Meeting Right

lawyer’s meeting right under the criminal procedure law means to meet and communicate with the prosecuted man. It is the basis right of defense lawyer and also the right of prosecuted man, but the right are often illegally restricted and deprived in practice. The newly issued Law of the People’s Republic of China on Lawyers didn’t bring obvious improvement on the lawyer’s meeting environment. Paying more attention to the lawyer’s meeting right is not only of great importance, necessity, but also of urgency in our country’s present stage. Lawyer’s meeting right is derived from the right of defence and the procedure right. Pay attention to the lawyer’s meeting right, is the need of judicial justice and the guarantee of human rights, also, the need of internationalization and globalization. But, a lawyer may have obstacle of approval before a meeting, monitoring during the meeting time and revenge after the meeting.The departure of public understanding, the defects of legislation,the lack of the supervision, weak lawyer’s organization all contribute to difficult problem of lawyer’s meeting right. International treaties and the main foreign countries have already stipulated that related organs have obligation to inform to ensure lawyer’s meeting right, the inform shall be timely, shall not delay lawyers and accused person meeting, stipulated the lawyers and accused person should be fully, freedom, communication, set to establish legal aid system to guarantee the realization of lawyer’s right of meeting with the suspect. Therefore, China should change the idea of procedure, reform the model of litigation, to clarify the legislation contradiction, unified lawyer’s right of meeting with the suspect rules and establish system of house of detention under management of the judicial administrative, establish the system of the right to relievet and punishment mechanism if violation of lawyer’s right of meeting with the suspect rules, consider a evidence as illegal when it obtain on the basis of infringement lawyer’s right of meeting with the suspect, strengthen the legal professional community construction system, to do numerous simultaneously, and earnestly safeguard lawyer’s right of meeting with the suspect. Of course, safeguard lawyer’s right of meeting with the suspect is complex system engineering, besides should be careful at the details of the rules outside, the state judicial system also should be reformed accord with the situation of our country, reform in the political system the actively and steady while promote the reform of the judicial system mobilize vigorously. Only call for the power of the parties, can we fundamentally solve the lawyer’s meeting right problem, and finally realize the condition society issue governed by law. In this article, the Chinese and foreign rules of lawyer’s meeting right are analyzed in comparative research, putting some superficial views, trying to reach some reference purposes to our country under the transformation period and social change.