Analysis Of The Right To Meet Of The Suspect

The right to meet is an important defending right for the suspect, it has beenclearly endorsed by the international conventions and provided as general legislativerules in many countries. This right is the beginning of the suspect to exercise theirrights to defense, which emphasizes on the communications of both sides. Theprotection of the right to meet can help to protect the suspect’s right, maintaining theequality of the prosecution and the defense, as well as safeguarding judicial fairness.If the suspect’s right to meet cannot be effectively protected, the right to defense andeven other rights also become ineffective.At the very beginning of The Criminal Procedural of1996, China has paid greatattention to the rights of the suspect who is in disadvantage in criminal suit. Thereform of criminal procedural has been continuing to strengthen the defense force,restricting the prosecutor’s power, which in order to achieve the equality of theprosecution and the suspect and protect the legitimate rights and interests of thesuspect. The Criminal Procedural,2012, has further strengthened the protection forthe rights of the suspect and made some substantial reformation for meeting system.The Criminal Procedural provides that the lawyer can meet the suspect and theaccused only with practicing certificate, law office proof, trust deed or legal aidofficial letter. When the lawyer requires meeting with the suspect and the accused,the detention center should promptly arrange the meeting, excepting the crime ofjeopardizing state security, terrorism and corruption; and cannot be monitored in theprocure, etc. New rules for the right to meet of the suspect are being well protectedeffectively, comparing to the former provisions, which is a big progress andtransformation.However, the problems of meet with difficult still remain in the judicial practicein China. Compared with the developed countries, there are still a variety ofproblems and defects in meeting system.Based on the implementation of The2012Criminal Procedural, this article elaborates the progress that has been made and the problems still exist in meetingsystem in China, then it analyzes its reasons and gives some suggestions to perfectthe meeting system. This thesis is divided into three parts:The first part is about an overview of the system of the right to meet. In thissection, it firstly analyzes and explores the nature of the right to meet, clearing theownership of this right, namely, the main ownership is the suspect. Secondly, itexplores the connotation of the right to meet from its main body, object aspect andcontent. Finally, it illustrates the significance of the right to meet, not only favoringfor the protection of the suspect, but also the equality of the prosecution and thedefense, supervision and restriction to investigative organizations of public authority.The second part gives the analysis of the current situations and the difficultreasons of the right to meet in our country. It explores the progresses that have madefrom the implementation of the2012Criminal Procedure, according to thelegislative and judicial practice in China, including the meeting with secrecy, thestandardization of the program. After expounding the deficiencies and problems ofmeeting system that still exist in China, this article also analyzes the reasons of meetwith difficult in the view of legislation, judicial system and idea.The third part is about the perfection of the right to meet. According to theactual situation of our country, this thesis provides few of comments and suggestionsto perfect the right to meet from the legislation, judicial system and reliefmechanism.