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Development And Improvement Of The Defense Rights Of Lawyer In China

Posted on:2015-04-19Degree:MasterType:Thesis
Country:ChinaCandidate:W W DingFull Text:PDF
GTID:2296330431459476Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The right to counsel has an important role in our defense system. Perfect the right of defense counsel, not only can safeguard the rights of criminal suspects and defendants in litigation, but also can promote the fairness of criminal proceedings.After the Criminal Procedure Law revised in2012, the lawyers’ counsel position is clear in the investigation stage, and expanded its respective rights of the defense. But the defense rights of lawyer in China is not perfect, the rights of the defense has so many restrictions, lack of relief mechanism; And due to the impact of judicial officers concepts, there are problems exist in practice at the present stage. For example, the right to counsel at the investigation stage hindered the investigation authorities, the personal rights of lawyers suffer unlawful infringement in the course of their practice and so on.In this paper, the main research methods are literature research, historical research and comparative analysis. Analyze the changes in the course of the development and the reasons of the right to counsel. Research the provision international standard and American, English, France, Germany, and found that there are still gaps between their right to defend lawyer and ours.Based on the analysis of the current situation on the right to counsel, learn the relevant systems which is more perfect. Proposed updating the concept of justice, and expand the content of the right to counsel, establishing pre-trial judicial review mechanisms and the establishment of mechanisms for relief and other measures. Hope to improve our defense rights of lawyers.
Keywords/Search Tags:criminal suit, the right to meet, the right to mark, the right to survey andobtain evidence
PDF Full Text Request
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