The Study Over The Meeting Right Of Lawyer In The Investigation Stage

The lawyer right as a very important right, is a lawyer to exercise his right of defense foundation, for the protection of the legitimate rights of the criminal suspect, the protection of lawyers’ defense functions, realizes the equal right of both the power restrict, the investigation organ has important significance.In2004the guarantee of human rights in the constitution, human rights concept of rule of law has become an important direction of the judicial reform.In the criminal proceedings in China, the protection of human rights concept is reflected on one hand in limiting the abuse of public power, on the other hand, reflected in the criminal suspect, defendant’s right to defense security, criminal suspect, defendant’s right to defense and the defense rights of lawyer are inseparable, lawyer system is to protect the suspect, the defendant the rights and interests of formulation, and as the lawyers the right to defense is an important right--lawyers right is to maintain the legitimate rights and interests of the criminal suspect the tools necessary to supervise and restrict the investigation organ, is a powerful way to power.In today’s world of legislation, there are a lot of countries on the lawyers met with the investigation stage right to give adequate protection, to set up a series of system guarantee, such as organs of investigation interrogation of a criminal suspect must have a lawyer present, investigators must inform the suspect has commissioned a lawyer’s right, the suspect has the right to silence.In our country, the new "law" thirty-third article also specifies a lawyer meeting right namely in the investigation stage of lawyers with "three certificates" have the right to meet the criminal suspect, defendant and learn case.However, such a rule is similar to the existing "criminal law" the relevant provisions conflict and difficult to implement effectively, some investigation organs in accordance with the "law of criminal procedure" in the relevant provisions on lawyers right of time, such as the number of restrictions, the lawyers rights can not fully make use of. Therefore, in the face of such a predicament, combined with the actuality of our country should supplement and improve the relevant legal system, to realize the unification of legal system.This paper is divided into four parts, the first part is lawyers right of including the concept, characteristics, function; second part is the lawyers right of legislative situation, divided into domestic legislation and foreign legislative situation, domestic legislative profiles include "Criminal Procedure Law","law" legislation, also includes relevant laws and regulations, the judicial interpretation of the provisions.Foreign legislation survey cited Germany, Japan, the United States and other countries legislation; the third part is the present situation and the reason analysis, including the problems in the judicial practice difficult problem that meets the performance and causes (mainly has five aspects:Proceedings of the idea is backward, lack of legislation, law status is low, right of subject when the lack of relief measures, sectional interest is inevitable, the fourth part is the third part of the analysis of the reasons put forward on lawyers right of perfect suggestion, a total of five suggestions:the transformation of the concept of litigation, and improve the unified legislation, raising the bar for litigation status, making relief provisions, improve relief program, implementation of investigating system and custody system separation.