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An Empirical Study On Counselor's Opinion In The Arrest Stage

Posted on:2018-12-31Degree:MasterType:Thesis
Country:ChinaCandidate:S Q ZhangFull Text:PDF
GTID:2346330515490012Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
The 2012 New Criminal Procedure Law provides that defense counsel can participate in the arrest phase,so that the lawyer involved in this stage with legal protection.The defense lawyer involved in the arrest stage,embodies the concept of procedural justice.But there are only two laws theory support and no configuration corresponding measures is not enough to ensure the effective operation of the system.In judicial practice,Due to the legislative level no unified provide specific procedures for lawyers to participate in the phase of an arrest,only in combination with related regulations and the local actual situation,to explore the specific procedures for lawyers to participate in the phase of an arrest.Some areas have achieved good results,but the majority of lawyers involved in the process is not standardized,there are uneven phenomenon.How to arrest lawyers involved in stage proposed legal opinions,not only reflect the lawyer exercise anairport situation,but also relates to the criminal suspect's rights are protected effectively.Therefore,it is necessary to study and analysis,understand the defense lawyers the right to defend in the exercise of the arrest stage,summarizes the main problems,analysis of the right to defence on part of the defense lawyers in the application stage of the arrest,on this basis,the reform of the system of perfect countermeasures and Suggestions.After reading the relevant literature,the author collected D district of C city and P District of C city procuratorate from January 2013 to June 2016 period to listen to counsel opinion,statistical analysis is carried out on the basis of the elaboration of ideas to complete the paper.In addition to the introduction,the article is divided into five parts.The first part,the significance of arrest stage to listen to the defense counsel.This part mainly expounds the importance of attorneys' participation in this stage from the three aspects of guaranteeing the human rights of criminal suspects,promoting the procedure of reviewing the arrest stage and ensuring the fairness of the examination procedure.In the second part,this part takes D area of C city and P area of G city as an example to investigate the implementation of the opinion of the defense lawyer and the operation mechanism of listening opinion system.First of all,to examine the status of the defenselawyer,including the situation of the defense counsel at the stage of the arrest,listen to the impact of the opinion of the defense counsel on the arrest decision,the attitudes of the prosecutors to the defense counsel,Put forward the views of these four aspects.Then we systematically summarize the working mechanism of listening opinions in the practice of procuratorial organs.In the third part,this part mainly introduces the main problems in the process of listening to opinions.Mainly includes: First,the defense lawyers involved in the arrest phase proportion is low;Second,defense counsel opinion has little influence on the decision of arrest;Third,arrest stage to listen to the opinions of lawyers case scope without clear;Fourth,arrest stage the defense lawyer suggestion short maturity;Fifth,irrational against influencing the full play of the function of listening.The fourth part,this part an analysis of the causes for problems exist in the process of listening.Specifically,the defense lawyers are less involved in the arrest stage,the procuratorial organs have adopted less opinions,and the provisions on legislation are not clear on the three aspects of opinions.The fifth part,perfect the arrest phase to listen to the opinions of lawyers reform proposals.Specifically included Increasing the rate of lawyer arrest phase of the intervention,Neutral judge position arrest organs remain objective,Through the reasonable and fair procedure,Standardizing the process of listening to opinion of the defense counsel,Building the hearing mechanism,playing the function of system to listen to your lawyer,reform of the corresponding supporting measures,etc.
Keywords/Search Tags:arrest stage, defense attorney opinion, right, litigation
PDF Full Text Request
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