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The Preliminary Study On The Lawyer’s Defense Rights For The Suspects In The Process Of Investigation

Posted on:2014-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:L ShengFull Text:PDF
GTID:2256330422954505Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
As a protection of human rights for suspects, the lawyer’s defense rightplays a fundamental roll in the world these days. It is newly written on“Criminal Procedure Law of The People’s Republic of china” edited in2013,shorted as CPL, defines that a lawyer could take part in the investigationprocedure as a defender providing legal assistance to the suspects. This latestarticle of CPL is contributed to the improvement of human rights in Chinaespecially for those suspects. However, as a new born baby, it is still need tobe working on the practice part.(1) Introduce the concept of the lawyer’s defense right in the processof investigation, and then the relative materials mentioned in“Constitution” and “Law of the People’s Republic of China onLawyers”, nevertheless mainly talks about the CPL articles on4aspects, the position of defenders, intervention time, way ofdefenses, authorized the act on behalf of the suspects. (2) In the practice, the right of defense on investigation procedure stillmeets the challenges such as low rate of execution, hard to havean attorney present for lawyers, blurs the right of investigationand collecting evidence for lawyer.(3) The necessary of improving the lawyer’s defense right is showed3reasons. First, the protection of Human right is the demand ofour constitution. Second, it meets the request of constitutionalgovernment. Third, it is also important for Human rightspractice in our legal system merge to the international legalsystem.(4) Suggestions on the improvement of the lawyer’s defense right oninvestigation procedure. It is necessary to expend the Legal Aidto help more suspects in order to protecting their human rightsespecially for those who are on poor financial condition.Furthermore, increasing the opportunities of having an attorneypresent that could help to hinder the cases of invading humanrights at investigation procedure. The last, to specific the Codeof the rights on Lawyer investigation and evidence collectingcould help lawyer to provide solid defenses on court for thesuspects, which could balance the offence and defense side inorder to achieving the justice eventually.
Keywords/Search Tags:investigation, lawyers’ defense right
PDF Full Text Request
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