The Lawyer's Dilemma And Countermeasures In The Criminal Investigation Stage

The investigation stage is the beginning stage of the criminal proceedings, which is the cornerstone of the entire criminal procedure activities. In the investigation stage, the defense lawyer bears the functions of safeguarding the legitimate rights of suspects, the right of defense counsel's ability to successfully implement, is directly related to the availability of effective protection of the rights of criminal suspects or defendants. With the deepening of the process of the law in our country, the defense lawyer has gradually become an indispensable participants in criminal litigation activities, in particular in the investigation stage in the proceedings. Although "Lawyers Law" in 2007 and "Code of Criminal Procedure," in 2013 have made significant changes to the defense system to protect the rights of defense lawyers practice. But because of our tradition and culture,mass awareness of the law and other factors, the right to practice a lawyer can not be effectively protected, the trend of development of their professional environment also not optimistic. In judicial activities, the defense lawyers unwilling to defend criminal cases when talk about "punishment" pale, this phenomenon has seriously infringed upon the legitimate rights of criminal suspects, it also undermines the criminal defense lawyer fundamentally professional image. To a large extent, it reflects the lack of protection of the rights of the defense counsel system. Therefore, it is necessary to learn the criminal legislation and judicial practice standards commonly used international experience,improve the rights of lawyers in the investigation stage, which has become an important step in our criminal justice reform.About the structure of this article, in addition to the first chapter, it also includes other four chapters. The second chapter describes the legal status of the current criminal defense lawyers in the investigation stage, and gives an introduction of the corresponding rights and responsibilities they assume basic lawyers. The third chapter introduces two major areas were launched, the first stage of the investigation to the plight of the threerights lawyer for the insertion point, then systematically analyzes the basic problem that the criminal defense lawyer face in the investigation stage. Next, the reason of several major problems that the criminal defense lawyers faced in the investigation stage were carried out in-depth analysis from the four dimensions. The fourth chapter focuses on national and international resolve the two legal cases related rights lawyer on stage in the investigation, as well as statements of representatives of common law and civil law in Britain, the United States, Germany, France, Japan five countries lawyer in the investigation the right to stage the status quo, and combined with the characteristics of the actual situation in each country, summed up the appropriate legislative and practical experience. The last part of the article is mainly made several suggestions to strengthen the criminal defense lawyer at the investigation stage of the rights, including:strengthening the protection of rights and Relief lawyers, improve the supervision mechanism of bottom-up, speed up the legal profession team building, strengthening public security Multidimensional supervise the investigation right.