Reflection And Reconstruction - Recognition Of The Right To Defense Counsel

Rights of defense lawyers in our country, in order to meeting right, reading right privileges and confidential of or to resist the card power, for example, in theory, legislation is emphasized on the functions and powers of attorney rights, too much emphasis on defense lawyer as opposed to the independence of the criminal suspects and defendants. So in China, represented by the three rights of defense attorney rights violations without corresponding remedy mechanism in a program. Because as defense lawyer’s right, just can’t remedy mechanism within the applicable program; Defense lawyers in the lawsuit is the first supporter of criminal suspects and defendants’ legal rights, the second as the functions and powers of attorney. Defense lawyer’s relationship with the criminal suspect or defendant is relatively independent. To meeting right, reading right, for example, of, to resist the card power these rights is the rights of the criminal suspect, the defendant first, followed by the rights of defense lawyers, such as meeting right main body is a criminal suspect, the criminal suspect’s right of meeting with the lawyer; The criminal suspect shall enjoy the right of marking, defense lawyer can get inform the criminal suspect to read; Refuse the right is the rights of criminal suspects or defendants. In foreign countries, the rights in the criminal suspect or the defendant, when is violated, the remedy mechanism can start the program. Defense lawyer’s right is the result of a criminal suspect or defendant rights, criminal suspects and defendants right to get a lawyer to help.This paper mainly includes three parts:the first part for China in the context of defense attorney rights, this part is made up of four parts, the rights of defense lawyers in China reflects the emphasis in current legislation and judicial lawyer authority attributes, the lack of procedures within remedy mechanism present situation analysis, concludes that the root cause of defense attorney rights inherent defects:lawyer too much emphasis on the independence of the criminal suspect; The second part of defense attorney rights comparison method, this part mainly introduces the countries of Anglo-American law system and continental law system countries related regulations about the rights of defense lawyers, and make an analysis; Third part for the rights of defense lawyers refactoring, extraterritorial legislation through the reference of this part, from three aspects that how to reconstructing China lawyer right system, a defense attorney rights is to consolidate the foundation, the second is to perfect the procedure of defense attorney rights relief, three is to establish a defense lawyer is relatively independent of the criminal suspect or defendant.This selected topic research significance is mainly reflected in:first, through the legislative purpose of the paper shows that the essence of defense attorney rights roots; Second, by analyzing the current situation of our lawyers right to exercise the root cause of this status quo, and the scope of defense attorney rights legislation judicial investigation, in order to "tashan stone" to perfect our attorney rights, rebuild the defense lawyers and the relationship between the criminal suspect or defendant, to strengthen the criminal suspect or defendant’s human rights protection. In this paper, mainly using comparative analysis and document analysis, through the model the attorney rights outside of judicial legislation to reflect on our country’s present legislation judicial highlights the attorney rights defects in refactoring the attorney rights system in our country.