Study On The Lawyer’s Meeting Right At The Criminal Investigation Stage

Just as no one can deny the significance of defense lawyers for judicial proceedings, the lawyer’smeeting right in criminal proceedings for the same importance is self-evident. Not only because theuniqueness at the meeting time and ways, this is even more importance of the rule at the national tide ofmodernization of law with the civilized, rational and freethinking call. But awareness of the importancedoes not mean solving the problem. Lawyer’s meeting right still facing difficulties, such importance islikely to be blind to enlarge, resulting radical reform; may also be denied by the traditional thinking,resulting rigid and error attempts. To solve the problem, we need international perspective, rational andobjective analysis, realistic awareness of the problem and focus on the spirit of perseverance. So, we cansee much closer to the nature of the problems, solve the problem more thorough.In the process of judicial reform, the long-term existence of academia dispute is "local resources"and "borrowing", the same questions spared by lawyer’s meeting research."Relatively reasonabledoctrine" provides our analysis of the problem with the reference standard, so the issues of lawyer’smeeting right can comprehensive and systematic presentation in front of the researchers. It contains apragmatic attitude, critical thinking, making it easier for us to observe our judicial reality; easier to makerational choices in the amount of the trade-offs exist problem. At the same time, I believe that "relativelyreasonable doctrine" not just for the people working on the problems and provide a reference standardamount the degree, but also specified in the right direction in the struggle disputes between reality andthe ideal, and also increased our attempt to re-recognize the lawyer’s meeting right in investigation stagequestions.This article is around thirty seven thousand words, the substance can be divided into three parts:The first part is the basis of the full text. Through careful analysis of the case against Li, leadstopics of this article, and make the new Law of Criminal Procedure as an opportunity for the need offurther and deepen study of the lawyer’s meeting right in investigation stage. As the saying goes,"thename is not correct, the words ring true; words ring true, then nothing will be accomplished." This partnot only analysis ownership and existence value of the lawyer’s meeting right in investigation stage,more willing to put it into a upper space, analysis the same functional comparison between other defenserights and the reasonableness of Detective structure, from the perspective of prosecution and defensebalance, to find its’ program status and reasonable space to run in the existing judicial mechanisms.Hope to provide strong theoretical support for below.The second part is the subject of this paper, is the regression from the theoretical to the practicalproblems of the lawyer’s meeting right in investigation stage, play a connecting role. This part full of theproblem-oriented consciousness. Through the carefully summarize of the plight legislative and judicial reality, obtain the reasons for the plight. Realize the problem is the basis, understand the reason is thesecurity, but ultimately solve the problem is the ultimate destination. In our predicament of resolvingproblems, facing "local resources" and "borrowing" disputes, the author choice "relatively reasonabledoctrine" raised by Professor Long Zongzhi as a theoretical solution to the problem, through analysis thenecessity and feasibility of the "relatively reasonable doctrine", put the primary reality and diversity ofaxiomatic and conditions on the optimal as the premise, consistent with the public deed of rationalprinciples as well as specific criteria optional measures to improve the operability of the tentacles extendto more than one dimension, the "relatively reasonable doctrine" as the subject of the value andmethodology of the investigation stage right lawyer issue between convergence and driven to do the finesolid.The third part is the ultimate point of the article, in order to report the results of the question.This section try to provide an effective system to protect the layer’s meeting right for the plight resolvedre from the legislative, the judiciary and the reality of the lawyers irregularities. In addition, we tend tothink that changing the values is a sign of weakness or helplessness, but the author still have greatrecognition for the change of the values of the tool teleological theory. Because the purpose of the law,from the criminal law and procedural law devoted to build a stable and peaceful legal order, but only thelegal order thinking the rights and freedoms of citizens as its’ target should be truly respected andprotected.