The Investigation Report On The Application Conditions Of Legal Aid In The Investigation Stage

The application of legal aid in the investigation stage for protecting the suspect's basic human rights and other rights and safeguard judicial justice realization has very important significance. The modification of the criminal procedure law in 2013 and relative judicial interpretations and regulations introduced for implementation of the legal aid system in the investigation stage to create the conditions.But since the founding of new "criminal procedural law" the implementation date, legal aid in the investigation stage either in legislation or in the judicial practice have exposed some problems. 2015 March 1, the Ministry of justice to the two session of the twelve CPPCC National Committee submitted the proposal on the development of legal aid law.2015 July the Ministry of Justice legal aid Secretary sun Jianying revealed that " legal aid law " legislative work has started, in symposium which was hold by China University of Political Science and Law. I do not surmise shallow,wanting to take advantage of opportunity to develop legal aid law, aiming at the problems in legislation and judicial practice of criminal legal aid, offer my humble opinion, in order to make a little force to make legal aid laws.The after reading a lot of relative literature, I conducted a field survey on C Municipal Public Security Bureau C District Public Security sub Bureau and N District Legal Aid Center about the implementation of legal aid in the investigation stage between 1 January 2013 to 1 August 2015, and statistical analysis, provided basic data for the completion of this thesis. In addition to the introduction, this paper is divided into four parts, as follows:The first part, the significance of application of legal aid in the investigation stage, mainly from the protection of the legitimate rights of criminal suspects and promote judicial justice two aspects to elaborate.The second part, taking the N District of C city as an example to investigate the basic situation of the application of legal aid in the investigation stage. This part is mainly statistics relevant data materials, analysis on the operation of the investigation stage of legal aid through the on-the-spot investigation of the target sample, mainly including the following aspects. First, since the implementation of the new "criminal procedural law", statistical situation of cases for applicable legal aid in the investigation stage. Second, the fulfillment of the obligation of the investigation organ informs the suspect may apply for legal aid obligations in the investigation stage and the investigation organ shall notify the legal aid institution to provide legal aid. Third, analysis of the legal aid institutions for legal aid cases, including the case of legal aid service subject and funds, content and implementation effects of legal aid in the investigation stage and supervision situation of the legal aid institutions for legal aid cases of lawyers.The third part,summarizes the main problems in the process of application of legal aid in the investigation stage. The main problems in legislation are: The existing laws and regulations on the application of legal aid in the investigation stage are not clear and scope of application of the object is narrow,deficiency of legislation in the right informing system, lack of security mechanism of the effective implementation of the legal aid system in the investigation stage. Main problems in judicial practice as follows.The contradiction between supply and demand of legal aid is outstanding. The right to defense of aid lawyers is not fully protected. The procedural consciousness and right consciousness of investigators are weak.The fourth part, some suggestions on perfecting the legal aid system in the investigation stage. This part put forward the suggestions as follows: clear the applicable object of legal aid in the investigation stage and further expand the scope of applicable object, improve the investigation organ rights informing system, establish legal aid safeguard mechanism in the investigation stage, ease the contradiction between supply and demand of legal aid resource, strengthen the protection to the assistance of lawyers defense right, improve the procedural consciousness and right consciousness of the investigators.