Research On The Right Of The Lawyer In The Criminal Procedure

The high-profile criminal procedure law was promulgated on March 14th 2012 and was implemented on January 1st 2013. Compared with the 1996 edition, the amendment to the criminal procedure law, which has more than one hundred articles, changed a lot, especially in the litigation rights. Although the newly revised "law of criminal procedure" made great contributions in the aspects of meeting, marking the right, investigating and collecting evidence, it still has space to improve. This article focuses on the China's criminal defense system theoretical basis, lawyers in criminal proceedings rights situation and problem analysis research. Further more, it will explore the protection of counsel in criminal and analyze the development trend of international modern criminal defense system. Also, it will further explore how to protect China's Defense Lawyer Litigation rights so as to make it more theoretical and practical. Therefore, the author in this paper analyse rights of defence attorneys in the litigation process. Combined with national representatives of some foreign legislative experience and China's specific national conditions, this article give some of the suggestions to perfect it.This paper will be described from the following four parts:Part one:the theoretical basis of criminal defense right. First it will give a brief introduction of the concept, the content and the nature of the right to defense of the counsel; then it will demonstrate the right to defense of the counsel of the produce and the development process of its theoretical basis respectively. Finally, it will give a description of China's Defense Lawyer Litigation rights.The second part:the status quo and existing problems of the rights of the defense lawyers in litigation. Mainly it will describe through the current situation of the rights of the defense lawyer, and then expounds the lawyer's litigation rights are still existing problems., lawyer occupational risk prevention angle the author mainly from litigation structure unreasonable rights of defense attorney constraints, a lawyer at all stages of the criminal procedure specific to exercise their rights to elaborate the rights of defense attorneys, lay the foundation to solve the problem.The third part:some of the representative countries of the criminal procedure law defense lawyers' rights are summarized through the analysis of the current situation. Beside that, this article will explore the characteristics and worthy of our reference experience and the design of the system.The fourth part:it will mainly focus on elaborating the protection of the rights of our country's defense lawyers and improving measures. Firstly, the procedure will be assigned first, we advocate to the establish the trial procedure before lawsuit structure. Furthermore, prosecutors should decide whether to prosecute the decision-making process publicly in the investigation organ. Criminal suspects and their counsel should be involved. Secondly, it has a significant impact on the exercise of the rights of the defense lawyers in the process of perfecting the litigation. Finally, the defense lawyer and the legal status of the corresponding immunity should be given, so that it can compete with the procuratorial organs.