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The Study On The Security Of Criminal Lawyer’s Meeting Right

Posted on:2016-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:C L YangFull Text:PDF
GTID:2296330461984113Subject:Law
Abstract/Summary:PDF Full Text Request
Defense lawyer litigation rights as an important part of criminal defense system,A defense lawyer to defend activities smoothly without the guarantee of litigation rights,Criminal suspects or defendants human rights can be realized, and the litigation rights of the defense is perfect, whether real have closely linked.Defense lawyers met right is a criminal suspect or a defendant shall have the right to a lawyer of the important of constitutional rights, and criminal defense lawyers in criminal defense is an important litigation rights of the business,At the same time, the criminal defense lawyer’s right to meet with in the protection of the criminal suspect or defendant’s right to know the balance against the prosecuting and defending parties in power, to promote equality of defendant plays an indispensable positive significance.For criminal defense lawyers, lawyers met right is the premise of effective defended its. And judicial practice in China, the lawyer met with difficult has always been a "persistent" problem of criminal defense lawyers."Criminal procedural law" in 2012 further perfected the litigation rights of lawyer, the lawyer met with rights regulations, but also have a significant progress.In the practice of lawyers to meet with the criminal suspect indeed has made great progress than in the past, but at the same time also appeared a lot of new problems.This article mainly from the Angle of the lawyer to meet with the criminal suspect or defendant comb a defense lawyer in criminal lawsuit right to meet with problems and the reasons, and make a preliminary thinking about these issues, in order to help guarantee the effective implementation of right to defense lawyers met with.This paper mainly has four parts.The first part, mainly discusses the basic theory of the right of defense lawyer meeting, that is, from the right of defense lawyers to meet with the connotation, nature and significance of three aspects respectively.The second part, a defense lawyer in China to meet with the establishment and development of power system, the main analysis of the criminal procedure law in 1996 and 1996, the lawyers law and the criminal procedure law in 2012 the right of defense lawyers to meet with the development and progress.The third part, comb lawyers in criminal lawsuit rights of practical problems, mainly displays in the lawyers rights guarantee both incomplete and inadequate;And the gap from the legislation idea and the judicial practice, legal system, detention system, legal supervision and right remedy, etc analysis the reasons for these problems.The fourth part, the system guarantee of the exploration right of lawyers, mainly from improve the judicial staff awareness of human rights protection, improve the legal system, reform the management system of detention house, improve the conditions of lawyers and lawyers met with right of right remedy procedure and so on lawyers met with rights protection system is put forward.
Keywords/Search Tags:Defense lawyer, Meeting right, Difficulty, System guarantee
PDF Full Text Request
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