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Research On The Right Of Lawyer Defense In Investigation Stage

Posted on:2014-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:Z S HeFull Text:PDF
GTID:2256330425961440Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal investigation is the exercise of the public power that can mostdeeply influence the civic right realization, and it is also an important step to guardthe legitimate right of the criminal suspect, during which procedure, the completenessand the guarantee of the defending right of the defense lawyer—the only defenderfor the criminal suspect, determine the defense effect.The Decision of the National People’s Congress on Revising the CriminalProcedure Law of the People’s Republic of China, adopted at the Fifth Session of theEleventh National people’s Congress on March14,2012, was entered into force as ofJanuary1,2013. The revised Criminal Procedure Law has consummated extensivelyand profoundly the attorney’s right to defense in criminal investigation, and haseffectively guaranteed such right’s realization, acting as a mile stone in thedevelopment of the attorney’s right of defense in criminal investigation.But as “there is no gold that is pure one hundred percent”, so is the presentCriminal Procedure Law in China not perfect though great progress has been made tocomplete and guarantee the attorney’s right to defense. Compared with developedcountries with advanced rule of law, we still have the following problems: the contentof the attorney’s defense right in criminal investigation is still not well-defined; reliefof the right is not effectively guaranteed. So the practical issue of the attorney’sdifficulties confronted in juridical defense in the criminal investigation remainsfundamentally unsolved. Three resolutions are proposed in this paper: first, inlegislation, the attorney’s right of defense should be consummated, their right ofinvestigation and evidence-collecting be clearly specified, and attorney should beendowed with the right of meeting, interrogation and reading the criminal file; Second,in system implementation, the investigation organ and the detention organ should beseparated and the lawyer system and procedural sanction system should be furthercompleted; Third, in ideology education, conceptions of procedural justice and ofbalancing the relationship between the accused and the defense should be advocated,to cultivate the law awareness of the judicial official and the general civilian as well.This paper intends to promote the development of criminal defense, to guarantee thelawful right of the criminal suspect, and to facilitate the establishment of the rule oflaw.
Keywords/Search Tags:Criminal investigation, Defense lawyer, Right to defense, Guarantee ofright
PDF Full Text Request
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