Study On The Investigation Right Of Defense Counsel In China

The right of defense counsel investigation is a very important aspect of human civilization uplift, is a main symbol to measure power relations between cultural progress in human rights and social governance. In short, the right of defense counsel investigation is the reconcile product of conflict, confrontation, compromise, etc. to the tension between the civil rights and the state power. It directly indicated the level of the country’s rule of law and human rights situation merits to the country of the right of defense counsel investigation institutional quality and ease of implementation or not. Now China is facing drastic continue deepening judicial reform to ensure the protection of human rights, rule of law and building a socialist society arduous task. The right of defense counsel investigation of the improvement is one of the most important and difficult tasks. Although the January1,2013the new Criminal Procedure Law came into effect on the right of defense counsel investigation were further improved and promoted, but since the first year of implementation of the new Criminal Procedure Law Practice has proved that the right of defense counsel in the investigation the context of the new Criminal Procedure effective judicial practice, there are still many difficulties and shortcomings. Therefore, China must continue to make corresponding adjustments to adapt to its rapid development of society. So how to re-examine the right of defense counsel investigating about the definition, characteristics, development process, legal basis, dilemma change of the implementation around2013of the new Criminal Procedure Law and clarify it with rights and obligations between the investigating authorities and the judiciary.We need learn from foreign advanced legal system and gradually perfected ourselves. So it becomes particularly important to be better adapted to the needs of society and the people to make it in line with the truth and reason, in line with the objective laws of society. The author of this article is to try to study these contents.This thesis is divided into four chapters, the layout and contents of its chapters are as follows:Chapter I:Overview defense counsel investigative right. To study on the right of the investigation defense counsel about its definition, essence, characteristics, development process and Jurisprudence. Chapter Ⅱ:About the predicament and causes of the status quo of the right of the defense counsel investigation. Researching the right of defense counsel investigation under the new Criminal Procedure Law in China and pointed out the reasons for the difficulties faced.Chapter Ⅲ:To comparative study the right of defense counsel investigation from contemporary foreign major developed countries. To introduce it’s current situation of common law and civil law countries. To comparative study the Anglo-American and Continental the right of defense counsel investigation.Chapter Ⅳ:The perfection of the right to defense counsel investigation. Focusing on the author’s recommendations and thinking of the current rights of defense counsel investigation in China.In this article the author used standardized cross-analysis, value analysis, empirical analysis and comparative analysis method and other methods to discuss and research the right of defense counsel investigation. Because, under the new Criminal Procedure Law of2013take effect,it is selected to study not only to further enrich and improve the academic sense, but also has major significance social reality of the judicial practice. As a law graduate, I hope these researches can promote the human rights and the rule of law in our society.