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The Research Of Lawyers' Right Of Defense In The Investigation Procedure

Posted on:2018-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z X ZhuFull Text:PDF
GTID:2346330515475302Subject:Law
Abstract/Summary:PDF Full Text Request
The investigation procedure is the primary link in criminal proceedings.It is also the critical stage of collecting evidence to identify the case.Once the operation of the investigation goes the wrong way,it is easy to cause harm to the legitimate rights and interests of the suspects,even the miscarriage of justice.Therefore,it is necessary to introduce factors that can be constrained with the power of investigation in the investigation procedure.Lawyers,as professional legal service providers,have the legal knowledge and defense skills which the criminal suspects lack and they are the best candidates to provide legal advice to disadvantaged suspects.The defense of the lawyer in the investigation procedure is based on the lawyers' right of defense.However,whether the intervention of lawyers can really play the role of safeguarding the legitimate rights and interests of criminal suspects or not,lies in the improvement of the right of lawyers in the investigation procedure.Human rights protection,the balance of prosecution and defense,the presumption of innocence and procedural justice for the investigation of lawyers in the defense system provide a solid theoretical basis.In order to overcome the shortcomings of the Criminal Procedure Law in 1996,and make sure that lawyers can effectively exercise the right of defense in the investigation stage,A substantial revision of the lawyer's defense system had been made in The Criminal Procedure Law in 2012.It has established the counsel status in the investigation procedure,expanded the lawyer's defense rights,and to a certain extent,solved the difficult problems of lawyer defense.However,through the data studies,comparative research and other research techniques,it is not difficult to find that there are still problems like the lack of rights,and it is also difficult to exercise the right.For example,the right to meet the communication is difficult to achieve,the lack of strong evidence to support the investigation,the lack of marking right and the right to examine.In addition,the lawyers are facing the risk,the immaturity of the lawyer immunity system,the weak right to the relief,the lack of procedural sanctions and other issues,are making our protection for the defense of lawyers far behind other countries'.To analyze the reasons for the above situation,and then put forward the improvement for the shortcomings is the most important thing.It is of great significance to analyze the provisions of the international legal documents and the advanced legislation of the other countries,in order to construct and perfect the lawyer's defense system in our country.Among them,the effective protection of the right to meet the communication,to strengthen the right to seize the evidence,to give lawyers the right to read the case and create the right to examine is the basic measure.To improve the lawyers' immunity,reduce the risk of lawyers' practice,strengthen the rights of relief and establish the procedural sanctions are the safeguard measures.Only the combination of the both sides can be a complete construction of lawyer's defense right in our investigation procedures.
Keywords/Search Tags:investigation procedure, lawyer's defense right, defense dilemma, improvement of rights, security system
PDF Full Text Request
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