Research On Security Of Defence’s Lawsuit Right

Although in the judicial practice, a defender’s lawsuit right has the correlation legalregime safeguard, our country legal system is not too consummates in certain aspects,therefore sometimes, A defender’s some lawsuit rights cannot obtain complete safeguard,which display in following several aspects: First, attorney cannot obtain the full display in thedetection stage function.Second, Adefender’s meeting right and the correspondence rightcarry out with difficulty.Third, a defender who examines test papers can not be able to obtainthe full safeguard. Fourth, trial lawyer has problem in the investigation evidence collectionaspect.Fifth, lawyer’s cannot obtain the full safeguard in hearing right.Sixth, lawyer’s personalrights are not fully safeguarded.In the criminal prosecution process, A defender’ lawsuit right exercises can encountereach kind of resistance frequently, and reasons are various. The followingt are the mostinfluential ones: One is because people’s idea cannot follow the advanced g law idea,and theinfluence which estimated guilty is been deep.The procedure justice idea has not penetratedinto in people’s brains, who take the case generally the entity question, while depise theprocedure function.the other is our country’s legal regime also in further perfect.Although thelaw has entrusted with the lawyer many lawsuit rights, it has simultaneously given manylimits, making some lawsuit right at the vacancy condition.Therefore, in the criminalprosecution process, the lawyer lawsuit right performance can come under the influence.To consummate our country lawyer lawsuit right, the author has two tips: First we shoudbegin with the theory stratification to enhance law idea, and renew law idea.It containsthree aspects: First, we should cause “the innocent estimation principle” understood by thepeople.Second, enhance procedure fair idea to make people understand.Third, enhance lawidea, understands law principle comprehensively.Next we should consummate the lawyerlawsuit right from the legal regime stratification and establishes consummates lawyer’srelated mechanism.It contains two aspects: First, consummates lawyer’s lawsuit right fromthe system aspect to safeguardits right have a full realization:(1) in the detection stage, be clear about lawyer’s status, entrust with its defense function, set up trial lawyer to inquirepresents the power.(2) consummate the lawyer’s right for meeting, stipulate explicitlyattorney has necessary meeting to accuse the human without illegal intervention.(3)consummate the lawyer’right to examine test papers, and advance it ahead of time thedetection stage.(4) consummate trial lawyer’s investigation evidence collection right, andestablishes the evidence demonstration system.(5) consummate lawyer’s in hearing right.(6)consummate the matter and the procedure in which the lawyer refuses to defend to reducethe risk of being engaged in the criminal defense work.Second, establishe and consummatelawyer’s related mechanism:(1) strengthen attorneys’ the occupational ethics mechanism, andconsummate attorney the profession autonomy mechanism.(2) improve attorney’s socialpolitics status diligently.(3) establish the judicial examination mechanism to limit thesubjective right of the prosecution...