Font Size: a A A

The Investigation Report Of Lawyers Exercise Meeting Right In The Investigation Pgase

Posted on:2018-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:W Z WangFull Text:PDF
GTID:2346330515490020Subject:Procedural law
Abstract/Summary:PDF Full Text Request
Meeting right,as the first defense right of an attorney who exercise a criminal case,is the beginning of the defense.Fully exercise of meeting right is particularly important for the defense functions,Restrict the prosecution authority and build a balanced relations between the prosecution and the defense.The 2012 "Criminal Procedure Law" firstly established the lawyer's status in the investigation stage,perfected the litigation rights of defense Lawyers,the right provisions of meeting right is a major breakthrough.In practice,compared to previous time,it is indeed significantly improved for defense Lawyers to exercise meeting rigt in the investigation phase,but for various reasons,many problems still exist and some new problems arise.The survey report take the H city as an specific example,by means of questionnaire and interview,an empirical investigation and Discussion on the lawyer's right to exercise the right of meeting in the investigation stage.The paper is divided into three parts.The first part describes the basic situation and main features of the lawyer's right of meeting in H,43 defense lawyers and 47 investigators were investigated,the investigation involves the overall evaluation of the lawyer's right to exercise the right to meet after the amendment of the Criminal Procedure Law,the attitude of the investigators to the lawyer intervention,time and frequency in meetings,timeliness of meeting arrangements,confidentiality issues,audio recording problem,learn the facts of the case.Through the analysis of the survey results,summed up the main characteristics of H lawyer's right of meeting.The second part is about,in judicial practice,the problems and reasons of lawyers exercise the meting right in the investigation stage.Through the survey found that the main problems include the following aspects in the judicial practice:?,notification system is not perfect;?,There are too few people who can help a criminal suspect to hire a lawyer;?,lack of adequate communication;?,privacy is not guaranteed;?,it is still difficult to meet suspect in Special cases;?,Communication with investigators is difficult.The subjective causes of these problems are: ?,the gap between practical thinking and legal idea;?,some lawyers low quality;Objective reason are: ?,the law is not perfect;?,the unreasonable system design.In the third part,the author puts forward some countermeasures and suggestions to further protect the lawyer's right of meetingt in the investigation stage,expect the following measures can ensure lawyers exercise the right of meeting better and make greater progress.Include the following measures: ?,establish the principle of free meeting,Refine meeting rules;?,establishing and perfecting the duty lawyer system to ensure that the suspects get legal help in time;?,improve the scope of special cases;?,abolish the criminal law 306 th,reduce the risk of lawyers meeting;?,establish judicial review system to protect the rights of lawyers relief;?,reform the detention center management system.
Keywords/Search Tags:defence lawyer, Meeting right, Investigation stage
PDF Full Text Request
Related items