Defence Lawyers Met With Research

In judicial practice of criminal defense in our country,"interviewing the accused" haslong become a stumbling block for the further development of China’s criminaldefensewas known as one of the criminal defense "fundamental". The theoretical circleand judicial practical departments are also known to "meet", actively explore solutions,played a role in legislation of the criminal lawsuit of our country. But it was not until2012since the implementation of criminal procedural law still exists in the lawyers metwith problems some legislation defects or omissions, causing confusion in the judicialpractice, so it is necessary for us to continue to our lawyer to meet with questions fordiscussion. In order to better research system of defense lawyers in China to meet with,I think we should fully mastering the basic theories about right of meeting, and shouldlearn from the experiences and lessons outside the main countries of rule of law,combining international documents, carefully measure the current gap in meetingsystem in our country, to facilitate in combination with the practical situation of ourcountry present stage of the further perfect our system of defense lawyers to meet with.This article altogether is divided into four parts, the main content is as follows:The first part, introduce the main theory of right of meeting. Combined withinternational documents and regulations about meeting right outside the main countryunder the rule of law, analysis the connotation, the essence of right of meeting andfunction.The second part, to outside investigation meeting system. This part mainlyintroduces：《International convention on civil and political rights》、《The prisonertreatment rules of minimum standards》、《Basic principles on the power of attorney》、《To protect all the people who suffer from any form of detention or imprisonment ofprinciple》of Provisions on meeting. Outside the main country under the rule of lawabout the meeting with the right rules and restrictions, Main analysis of the UK, theUnited States, France, Germany, Japan. Through the comparative analysis, points outthat the mainland legal system country to meet with limit is more, less restrictions ofAnglo-American law system, the development trend of fusion and reference each other.During the meeting with system in our country has made progress, still need to efforts. The third part, introduce the development process in the system of our country’slawyers met with. In1979, after the enforcement of criminal procedural law is almostblank in terms of lawyers. Criminal procedure law revised in1996, the lawyer ininvestigation phase in advance, during the meeting with questions on the department’sinterests and right of game, plus the legislative reason lead to highlight. The2007revision of the lawyers’ address lawyer made a breakthrough,"difficult to met with" dueto reasons such as legislation, law enforcement, ideas, meet problem didn’t solve. In2012to meet the provisions of the criminal procedure law is properly handled and thelinking problem of the lawyers in2007, and combined with the current actual situationin our country, the criminal procedure law revised in1996. Due to some deficienciesexist in the new criminal procedure law itself, and the judicial documents some problemthere is no specification, result in practice, some problems come out, but also work hardto solve these problems, to facilitate future of further perfection of legislation andjudicature.The fourth part, after the enforcement of criminal procedural law in2012, our countrysystem of defense lawyers to meet with the analysis of existing problems, proposesolutions.Based on the study of related literature, on the basis of reference, by comparison withnew laws and old laws, domestic and abroad to explore China’s defense lawyer to meetwith problems to further perfect, hope to useful legislative and practice.