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Research On The Guarantee Of The Right Of The Lawyer Marking

Posted on:2016-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y WuFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the process of criminal procedure,the balance of the prosecuting and defending parties for safeguarding human rights of criminal suspects, defendants, Improving the efficiency of lawsuit, Ensure that litigation justice has an irreplaceable role.The prosecution has the advantage of the human, material resources, financial resources,the defense is relatively weak, To balance both sides of the situation,the lawyers marking right is the key link,this is due to the lawyer as a defender, to obtain more comprehensive information on the case,the mastery of the case thoroughly,during the trial,can use their own professional knowledge with the prosecution’s argument,bright dispute, analyse is right or wrong, in order to make the criminal suspects and defendants, can get a fair trial. But lawyers in the judicial process,because of the disorder of legislation, Judicial defects,make the lawyer read right by various obstacles,difficult to play its due role.Based on this,the author tries to define the connotation of the right of lawyers, analysis of the legal value,combined with the two big legal systems and the international rules,comb in the investigation stage, examination and prosecution stage in our country and the trial lawyer’s scope, time, place, and the method of read rights, to perfect lawyer marking rights guarantee problem put forward some thought. This article is divided into five parts,the first part is the lawyer marking right content defined;the second part is the legal basis for the lawyers read rights;the third part is the scope of the lawyers right frame,the main contents of this part are used against the evidence in the court;the difference between different stages of marking range and can not open the material marking right range;the fourth part is the lawyers time, place, manner of comb; The fifth partemphasizes on the lawyer rights in investigation phase in a relatively detailed in this paper. In this paper, the parts are used in describing the current situation of China’s laws and regulations,points out the deficiencies existing in the practice;the legislation and compare the Anglo-American law system and continental law system.finally put forward a sound proposal measures by combing the four aspects including,so,lawyers marking rights protection is more reliable,also has more practical significance.The author believes that,anything is experiencing the development of quantitative change to qualitative change process,lawyers marking right system security problem also is so, As the defendant balance, resources sharing idea thorough popular feeling,along with the advancement of judicial reform,lawyer marking right system will be perfect in the development,to show its charm in the development of the system.
Keywords/Search Tags:the Defense Lawyer, Right of Marking, Improvement
PDF Full Text Request
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