Research On The Realization Of Criminal Lawyers Right Of Defend From The Perspective Of New Criminal Procedure Law

Program decides the justice.Criminal lawyer to defend the security can directly affects the procedure fair,more with citizens' legal rights will be viewed by the unbridled violations of public and private power are closely related.For a long time,in the legal system and judicial practice,problems of the right to defence on part of the criminal law has been in embarrassing situation.Relevant legislative although established a series of laws and regulations protect the rights of lawyers,but from current situation of rights practice,to a large extent,or take temporary solution not effect a permanent cure.And set up correct concept of right standard has become a trend,not only to protect the right to defence on part of the lawyer,and embodies the accused person's human rights protection.The state should strengthen the system of public power restriction,prevent excessive abuse and abuse of power and infringe on the legal rights of lawyers to exercise,improve the power control mechanism,in practice,supervision of the judiciary,the executive authorities to exercise their powers and protect the rights of lawyers in order to improve lawyers to join The enthusiasm of litigation activities,and further promote the construction of China's judicial civilization.Based on the present situation of the litigation after the implementation of the new criminal law,the five chapters describe the right of lawyer defense.The first chapter introduces the legal system of lawyers' right of defense at home and abroad;The second chapter introduces the communication right,the right of reading and the right of examination and examination from the 1996 criminal law,the new "lawyer law" in 2012 to the new criminal record since 2012,the development and change,intuitively understand the content of the defense;The third chapter analyzes the progress and the existing problems and manifestations of the right of seeing,marking and investigating right in the legal system and practice,and also the core content of this article;The fourth chapter analyzes the causes of the above problems from the macro and micro perspectives.There are five aspects: the judicial environment,the litigation system,the legislative defects,the abuse of law enforcement and the limited management of the law;Chapter 5 is the face of these problems,against the crux of the proposed improvement of the idea,to seek the laws and regulations of the lawyer's defense can be a real sense of the realization,rather than on paper.