Research On The Right Of Lawyer-on-site

On the central working conference of politics and law in 2015, secretaryMengjianzhuemphasized that "Prevent the cases whose factsare not clear,evidences are insufficient, or whose procedure are illegal pass into the process of prosecution and trial,in case of starting with wrong,then every point with wrong". Criminal investigation is the first step of the criminal trial, plays a vital role of the process. Promote the reform of trial centered criminal lawsuit should prevent illegal evidence enter into the process of criminal proceedings, mustpays attention to eliminating the extorting a confession by torture and theillegal evidence, reduce the illegal behavior of investigative interrogation, facilitate the fundamental reformation of the pre-trial investigation of interrogation. This also put forward further requirements to the pre-trial investigation of interrogation process.The right of lawyer-on-sitet is another complement of criminal suspects in the investigation phase, perfect and reform investigation interrogation program should follow the defendant of equal accuse-defence, and safeguard the legal rights and interests of criminal suspects. The purpose of this paper is to discuss the right of lawyer-on-site, on the basis of basic theory, focus on the establishment of the right of lawyer-on-site, and the building of this system. Based on the new view and analysis method, combinine the situation of China’s reality with the theory,put forward how to build up the system.Argument of this paper is divided into four parts: the first part briefly introduces the basic theory of the right of lawyer-on-site. Clarified the existing concept, defined the scope of the argument. And then describes the theory and value about the right of lawyer-on-site. The second part of the paper focuses on our country establishthe right of lawyer-on-site will face many obstacles. Including conflict with legal tradition, the rejection from the investigation organ, and the difficulty from the lawyers.Proved theoretical and practical difficulties and obstacles in our countryof establishing the system of lawyer-on-site respectively. The third part is the new situation of lawyer-on-site in China. The reformation of criminal procedure prepared for the establishment of the right of lawyer-on-site in our country. It has created a new opportunity, which mainly includes the requirements of international criminal proceedingslaws and regulations, the transformation from obligation to right, perfectionof defense system under the new Law of Criminal Procedure,theexperiment of the right of lawyer-on-site.These points pave the way for establishing the right of lawyer-on-site at present in China. In the fourth part the author mainly discusses the construction of lawyer present system in China. Includes themode, the process and related supporting measures. Describe how to build up the lawyer present system accurately step by step in our country.