Research On The Rights To Counsel In Criminal Investigation

With the deepening of China building the rule of law, protection of human rights, criminal justice concept popular, according to the law to protect the rights of the defense counsel, the investigating authorities regulate the behavior of the investigation, to prevent miscarriages of justice becomes the question of meaning. Establish and improve the defense system, strengthening the rights of the defense lawyers, especially the right to counsel investigation stage, not only the establishment of a fair and reasonable litigation model needs, but also to strengthen the protection of human rights and building a socialist country ruled by law required. The current "Code of Criminal Procedure," in March 14, 2012 for consideration by January 1, 2013 began, it was adapted to the new situation, the need to protect the human rights of the new stage, efforts to resolve the current judicial practice is an urgent need to solve the problem improve and protect the investigation stage right to counsel, to safeguard the legitimate rights of the prosecution who has milestone. However, due to the interests of the game, does not modify in place, the stage of the investigation the right to counsel entitling the shortage still exists, the right to exercise the difficulties, fatigue relief programs and personal security issues missing. Combined with China’s national conditions as well as domestic and foreign legislation and judicial practice, the author improve legislation and improve ideas and improve related system three aspects, proposed the idea to improve and protect the investigative stage of the right to counsel, and I hope to prejudice the lawyer the investigation stage right to defend solving exercise The problems have been beneficial.