Research On Lawyers Involved In The Procedure Of Arrest Reviewed

With the Criminal Procedure Law of2012was promulgated and implemented, Lawyersas counsel involved in the procedure of arrest reviewed, and defended comments attracted theattention of theorists and practitioners. Lawyers involved in the procedure of arrest reviewedreflects respecting and protecting the right of suspects to defense. Conducive to effectivelysafeguard their legitimate rights and interests, Reflects the legitimacy of the procedure.Simultaneously, introduction of the opinions of counsel in the procedure of arrest reviewed,also conducive to the prosecution listen to others to discover the truth, in order to make theright decisions to arrest, and effectively prevent the phenomenon of improper arrest andextended detention. Obviously, lawyers involved in the procedure of arrest reviewed is ofgreat practical significance, it is necessary to discuss in depth combined with the status oflegislation and judicial practice.In addition to the introduction and conclusion of this article, The body portion iscomposed of four parts, and there are about30,000words.Part I is the interpretation of lawyers involved in the procedure of arrest reviewed. Firstof all, discuss the concept of lawyers involved in the procedure of arrest reviewed, and it willhelp to protect the rights of the defense of criminal suspects as well as highlighting theprogram’s legitimacy. Then further analysis of the significance of lawyers involved in theprocedure of arrest reviewed in the protection of human rights, implement the criminal policyof less arrest and careful arrest, achieve the impartiality of the procedure of arrest reviewed,enhance the reasonableness of the arrest decision and so on.Part II mainly analysis the status quo of lawyers involved in the procedure of arrestreviewed. Firstly, by examining and carding relevant legal texts and judicial interpretation ofregulating lawyers involved in the procedure of arrest reviewed, refining and summed up thecurrent system design of lawyers involved in the procedure of arrest reviewed. Then, it wasthe empirical Investigation about lawyers involved in the procedure of arrest reviewed,Content of the study mainly including the specific measures of prosecutors to listen to theopinion of lawyers, the specific circumstances about lawyers’ advise, the attitude ofProsecutors about lawyers involved in the program and so on.Part III is the analyze of the current problems and causes about lawyers involved in theprocedure of arrest reviewed. By examining the status of lawyers involved in the procedure of arrest reviewed, summed up the three issues that currently exist: the lack of lawyers involvedin the procedure of arrest reviewed, counsel’s comments less influencing the decision of arrest,and lack of necessary relief mechanism. The reasons for these problems including currentsystem designs exist unreasonable, the enthusiasm of prosecutors to listen to lawyers wasdepressed, the obligation to inform of the investigating authorities and Prosecutors performnot enough, the quality of lawyers’ opinions is low, and the lack of legal aid.Part IV mainly discusses the countermeasures to perfect, this part is also the mostimportant part of this paper. Firstly, Prosecutors should effectively change their ideas, firmlyestablish the objective and neutral arbiter image of judge. However, lawyers shouldstrengthen the sense of participation in the procedure. Relevant agencies should also guidelawyers involved in the procedure of arrest reviewed. Second, clear the range of cases aboutlistening to the advice of counsel, and divided into two cases: Should listen to the advice ofcounsel and Lawyers should be reminded to comment. Third, submit detailed program designideas of lawyers involved in the procedure of arrest reviewed. Including to clear obligation toinform, the procedure of lawyers propose opinions, the procedure of reviewing and processingthe opinions of lawyers, the hearing procedure about some special cases, and appropriatejudicial remedies. Finally, proposed the relevant supporting reform measures.