Research On Defence Lawyer’s Investigation Supervision

The investigation stage is the rights of criminal suspects in criminal action is the most vulnerable to violations of a lawsuit stage. In order to protect the legitimate rights and interests of criminal suspects, the modern country under the rule of law and the criminal judicial documents generally give the suspect the right to receive a defense lawyer to help. In criminal investigation procedure, the defense lawyers to safeguard the lawful rights and interests of criminal suspects of responsibility on the one hand, on the other hand through the exercise of litigation rights give play to the supervisory function of the investigation. Lawyer supervision of investigation is refers to the lawyer through the exercise of litigation rights endowed by laws, supervise the investigation organ in accordance with the law in accordance with law, exercise the indictment and implementation of the litigation rights of investigation behavior. After the second world war, western countries generally changed the country’s criminal procedure law, increase the strength for protection of the rights of criminal suspects, defendants, established the judge the judicial control of the indictment system, the right of defense lawyer investigation supervision is more complete, means more rich. This article is trying to expound the value of defense lawyer investigation supervision, draw lessons from western countries on the basis of the defense lawyer investigation supervision legislation experience, for the perfection of our defense lawyer investigation supervision of legislation to provide the reference.This paper is divided into four parts:The first part, explains the concept and characteristics of defense lawyer investigation supervision, to prevent abuse indictment defense lawyer investigation supervision, promote the significance of the criminal judicial justice and safeguard human rights, and the defense lawyer investigation supervision and related concepts.The second part is an introduction to the United Kingdom, the United States, Germany, Japan’s defense lawyer investigation supervision legislation survey, on the basis of analysing the four defense lawyer investigation supervision, points out the significance for our country.The third part, the paper introduces the legislative status quo of China’s defense lawyer investigation supervision, think that China’s defense lawyer investigation supervision mainly includes the right to appeal and accusation, right to put forward opinions, demand changes and the right to terminate the compulsory measures, the request right of excluding illegal evidence; Points out the defects of our country’s defense lawyer investigation supervision.The fourth part, points out the Suggestions of perfecting our country’s defense lawyer investigation supervision legislation. Mainly is:establish the right of defense lawyer present, security defense lawyers the right to defend, to set up the defense lawyer complaint mechanism for illegal investigation behavior, security defense lawyer immunity, build the investigation system of judicial review, to create conditions for the implementation of the defense lawyer investigation supervision.