Research On Defendant’s Right To Meet

In recent years, the legislator attached great importance to the hot topic of the difficulty in meeting. They committed to amendment of Procedure Act to enhance lawyer rights in order to change the phenomenon of difficulty in meeting. However, no one knows lawyers have their own limitations which are difficult to break. If lawyers exercise their right to meet separately, they’ll become a factor causing difficulty in meeting. Letting right to meet locate at the right to counsel is a kind of misconception. Attempting to protect the rights of lawyers to safeguard the progress of meeting smoothly is just a practice that attends to trifles and neglects the essentials. Right to meet, as a kind of right under the right to defense, is reflected in the first stage of investigation. While the right to defense is the right of criminal suspects and defendants from the beginning, is one of the basic constitutional rights of criminal suspects and accused.Therefore, the owner of right to meet should be the defendants. The counsel’s right to defense comes from delegation of powers and rights granted of criminal suspects and accused. The counsel is the facilitator of the exerciser of the right to defense of the Defendants. Similarly we can see, a lawyer isn’t the owner of right to meet but an exerciser. The defendant as the owner of right to meet does not have any obstacles in legal theory, and it can play an irreplaceable role. Given the right to meet with the defendants not only to fill the loopholes and to correct the deviation in our current legislation, but also to break the limitations of the lawyer right to interview, and to promote the prosecution and the defense in the balance to some extent and to achieve procedural justice at the same time. Finally, I will present some of my suggestions and views tentatively on this issue of establishing in the defendant’s right to meet in our country such as defining the principle of freedom to meet, defining the contents of the meeting, refining the program of meeting lawyer, improving the right informed system to the defendants, establishing duty counsel system and so on.I expect to contribute a little strength to solve the difficult in meeting.In this paper, I consider the ownership of right to meet as a starting point and carry out a more systematic study of defendant’s right to meet. This paper uses literature research method, comparative research method and other research methods to explore issues related to the right to meet. It is divided into four parts: first of all, argument of ownership of right to meet. In this section, I introduce lawmakers and some scholars argue with ownership of right to meet and my opinion on it.After a demonstration analysis, I conclude that the owner of right to meet should be criminal suspects and defendants. The nature of lawyer’s right to interview is that lawyers may exercise the right to meet after criminal suspects’ and defendants’ delegation and authority. Right to meet can’t be jointly exercised without any one of both roles.The second part, theoretical basis of defendant’s right to meet. In this section, I will introduce how to support the development of defendant’s right to meet by protection of human rights theory, the theory of the procedure subject and procedural justice theory. The third part, the necessity of defendant right to meet in our country. In this section, I’ll analyze the necessity of defendant right to meet for this time in our country in kinds of reasons. Giving the defendant right to meet may fill legislative loopholes and break the limitation of lawyer’s right to interview. The last but the most important part, perfection of defendant’s right to meet. According to the reality in our country, in this section, I’ll put forward valuable suggestions to guarantee defendant right to meet in ways of defining the principle of freedom to meet, defining the contents of the meeting, refining the program of meeting lawyer, improving the right informed system to the defendants, establishing duty counsel system, establishing the judicial relief system of defendant’s right to meet.