| Meeting right is a defense lawyer engaged in criminal defends services in an important right, andinvestigation phase is the key period of lawyers to exercise their rights. Investigation phasemeeting right of the lawyer is conducive to ensuring the legal rights of the criminal suspect,restricting distinguish procurator, maintaining the balance of the accused and the defendantcriminal litigation. Because of the unique value for the suspects, it becomes the base point of thesystem of the criminal defense, especially in the meeting during the investigation. To our regret,however, from the practical point of view, the exercise of the right of the meeting of counsel is sodifficult that it has long been known as one of “three difficulty”.In order to solve the problems of the lawyer "meet with difficult", our country in2012revisedcriminal procedure law again. The revised points are effectively solved the problems of its conflictwith the act of lawyer, balanced the relationship between prosecution crime and safeguard humanrights. In general, direction and embodies the spirit of the method is correct. But, certain rules ofthe new law has exposed the deficiency, some provisions in violation of the defendant’s basictheory, some rules even reflects certain backward, which could lead to a lawyer to meet withfacing a new problem in practice.This thesis is composed of the following5chapters.The first Part discusses the right of lawyers met the investigation stage location and function，aswell as domestic and international laws on the comparison of the lawyer. Investigation stagespecific detailed presentation concept of the right lawyers, characteristics and significance, andcompare with the foreign law, assessment meeting with our lawyers the right of the investigationstage, there are those who deserve a place to absorb and learn.The second part mainly studies the new "criminal procedural law" the lawyers met with rightslegislation present situation investigation stage. Overall, the direction and embody the spirit of thenew law is correct; many regulations have obvious progress, but also exposed the shortcomings.Mainly includes: did not make clear a regulation to meet right is a fundamental right of accusedperson; About to meet with the limit of right not rigorous, easily lead to abuse indictment; Theprovisions of the related relief system is imperfect and so on..The third part mainly discusses the present situation of the new criminal procedure law comesinto force. First affirmed the positive significance of the new laws to improve lawyers in theinvestigation phase to meet, and then focuses on analyzing meet problems during the investigationafter the law took effect. Mainly includes: the need to inform beforehand; For expandinginterpretation of the licensing cases; Because of less of “HuiJianShi”, the investigative organization cannot guarantee meeting will not be listenedThe fourth part in view of the situation of lawyer "meet with difficult", specific analysis thecause of lawyer "meet with difficult", Including legislation disunity，The law of the lawyers metwith rights provisions operability is not strong. Investigation organ consciousness of rule of law,as well as a lawyer’s practice quality is low.The fifth part puts forward the improvement of the right of investigation stage in China lawyerto meet with. Respectively from the right of legislation put forward for lawyers to meet withperfect, mainly including meeting with the right of ownership; Meeting with the licensing systemshould be perfected; Establish a mechanism for lawyers to meet with the right of relief; Join eachother and implement relevant laws and so on. And from the improvement of the legal right to putforward for lawyers to meet with, mainly includes the investigators of the rule of law awareness,change its concept of law enforcement; Investigation detain separate; Actively promote lawyerHuiJianShi expansion work; Improve the quality of the lawyer profession, regulating the behaviorof a lawyer’s practice. |
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