Research On Lawyer's Defense Right In Arrest Section During Investigation Stage

Investigation stage is the basis of criminal prosecution,defense attorney rights' protection in investigation phase is the premise and foundation of lawyer's function,as well as the necessary condition of public power,such as investigation and prosecution.It also has an important significance for reasonable balance of presumption of innocence,human rights protection,procedures justice value concept.From the point of the current law,law the provisions of the protection of the rights of reconnaissance,although there are some improvement,but there are still many defects,lead to a lawyer at this stage the litigation position vacancy,the right to defend the full exercise is severely restricted.The current relatively closed arrest decision mode increased the risk of criminal suspects legitimate rights and interests is damaged.Therefore,this article from two aspects of the program and power to explore,comprehensive research in the criminal investigation phase of the lawyer's meeting difficult,scoring difficult,difficult to investigate evidence and other related issues.And improve the arrest of lawyers in the examination paper.On the system structure,the paper is divided into four parts:The first part: On the basis of criminal procedural law of current system in China,and analysis the present situation of our investigation phase arrest link defense system,points out the omission of the actual law as well as the difficulties in reality,which leads to the need to focus on three issues in this paper.The second part: Through the comparison between the continental and the European and American law system of lawyer's defense right in investigation stage,analyzing the advantages and disadvantages of both.According to our country's current law,analyze the necessity and significance of lawyer as a defender in the investigation phase arrest links involved in defense.The third part: mainly introduces detail investigation phase in arrest link application problems from theoretical level in China,and analyze the hearing system in this link.Analyze the necessity of the hearing system in this section.Analyze the establishment of the nature of the hearing system in arrested link,the case scope of hearing,the hearing procedure,the content of the hearing,etc.The fourth part: mainly discusses the arrest attorney form a complete set of the defendant can set.In response to the problem put forward in part one.First,in this paper,the lawyer shall enjoy the right of marking in the link of the necessity and the right to read specific content.Second,the lawyer shall enjoy the right of meeting in the link of arrest reasonable limit analysis,and explains the specific contents of the meeting with the right.Third,demonstrate the construction of the right of investigation in the arrest link.Based on the study of literature and reference,on the basis of using the law compared with old method,comparison of domestic and international law,explore further consummates defense lawyers in the investigation phase arrest links in China to realize effective way of defense.