On China’s Defense Lawyers In The Investigation Stage Right

As the first stage of actio criminalis procedures, procedure of investigation is the footstone of actio criminalis which plays significant role in punishing criminals, protecting the innocent in order to perform the juridical purpose of actio criminalis. With the development of the construction of legal system in China, barrister-at-law has gradually become an essential participant in actio criminalis activities and even in procedure of investigation. Compared with1996’s, code of criminal procedure in2012has achieved great progress in terms of positioning barrister-at-law as advocate during the investigation, emphasizing barrister-at-law’s defense responsibility. However, there still exist some limitations in the judiciary practice and also the law of advocate still needs improving. Therefore, to improve and perfect barrister-at-law’s rights in investigation in response to promoting the reform of criminal justic based on lessons drawn from the commonly-applied criminal legal standards is of great importance.The first chapter in the paper mainly introduces the research background and the significance of barrister-at-law’s work in investigation and gives a brief introduction on the present situation of legal system and the change of barrister-at-law’s rights in different periods of time. What is more, the content of the first chapter also includes the reason why we research this topic against numerous articles from home and broad as theoretical supports; the second chapter analyzes the criminal value entitled for barrister-at-law in the process of investigation in terms of human rights, procedure justice, equality of prosecution and defense, and the democratization of litigation; the third chapter throws lights on regulations of international treaty about barrister-at-law’s rights in investigation. This chapter also provides the present situation of advocates’rights from UK, USA, Germany, French and Japan respectively which stands for Anglo-American Legal System and Mainland Legal System; the fourth chapter is the highlight of this article which presents present situation of Chinese legal system as for barrister-at-law’s rights in investigation, including the legal change after code of criminal procedure was revised in2012. This chapter also lists the rights and problems of barrister-at-law in investigation under the Chinese legal system which pays a pavement for the next chapter; the fifth chapter mainly discusses about how to improve and perfect the barrister-at-law’s rights in investigation in terms of positioning the barrister-at-law as advocate during the investigation and enhancing barrister-at-law’s defense rights.The author aims at contributing efforts in enhancing and guaranteeing barrister-at-law’s human rights and litigious rights during investigation and promoting further reformation of our criminal justice by means of analyzing the present situation about Chinese barrister-at-law’s practice of legislation and judicial circumstances during investigation along with borrowing experiences from international treaty and other countries’ advanced legal experiences.