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On The Meeting And Correspondence Rights Of Lawyers With Criminal Suspects In The Investigation Stage

Posted on:2016-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:G Z GuoFull Text:PDF
GTID:2296330470479528Subject:Law
Abstract/Summary:PDF Full Text Request
"Meeting the criminal suspects" is a problem in judicial practice of criminal defense in China, this problem has been drawn attention by the academics and judicial practice departments, but in practice, the "Problem of correspondence” which as same as " Meeting the criminal suspects " has been ignored. For a long time, the research on the right of Meeting and correspondence in China is basically independent on mutual, but the two kinds of rights exists some similar places. It will be easy for us to understand and apply this system conveniently in integration of the discussion. This topic attempts to through the concept of "communicating rights" in Taiwan, starting from the whole, adopts international practice, analysis of the body of communicating right, the safeguard of the system, the rationality restrictions and so on. This clarification and analysis of the several important problems has an important significance to the improvement of the system of criminal defense.This article altogether is divided into four parts, the main content is as follows:Part Ⅰ: Combined with China’s current criminal procedural law system, we will analyze the status of China’s Meeting and correspondence system, which Coming to the topic of this paper.Part Ⅱ: undertaking the problems above, we will introducing the meeting and correspondence system mainly from the theoretical level, analysis the concept, essence, function of China’s meeting and correspondence rights, and finally combining international documents, using the important rules and regulations of the Taiwan area of our country, the correspondence system to meet with the world advanced legislative technology gap.Part Ⅲ: we will mainly discuss on the body of the rights belonging to in communicating procedure. According to the "Code of Criminal Procedure" and provisions of the two aspects of differences through the analysis of the rights, we will solve the problems of right belonging.Part Ⅳ: we will analysis the reasonable limit of the restrictions to communicating rights. Firstly, the communicating restrict should be Clearing. For example, the times and ways should be discussed. Secondly, some problems in practice can’t be ignored. Finally, we will demonstrate the "three crimes" approval system, and clearly prohibited the attitude that “not allowed”.Part Ⅴ: The perfect proposal would be given. The new Code of Criminal Procedure has not stipulated in violation of the provisions of "not listen". In this paper, we will combine with the international practice, in view of the irregularities, put forward the solution.Based on the study of literature, on the method of comparison “the new law and the old”, “the domestic law and the international one”, we will explore the perfect way of meeting and correspondence system in our country.
Keywords/Search Tags:the meeting right, the right of correspondence, the communicating right
PDF Full Text Request
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