The Empirical Investigation Into The Participation Of Lawyers In The Stage Of The Review And Arrest

Arrest-the most severe a coercive force of coercion,its pre-trial proceedings in the criminal suspects personal freedom of the deprivation is the most complete,and its longest duration.Therefore,the review of the arrest is the most important part of the field of criminal proceedings,to strictly control.In the process of reviewing the arrest proceedings,the procuratorial organs are the litigation structures of the judges,the investigating organs and the defense,and the strength of the defense has not been able to meet the demands of the litigation structure because of the long absence of the defense lawyers.The requirements of the contrary.Although the legislature has established to listen to the lawyer's opinion mechanism,however,from the judicial practice effect,because the legislative provisions are too principled,the judicial staff and some lawyers have not yet changed the concept,while the supporting measures are not follow the premise of practical results and Did not reach the original intention of legislation.Attorneys' involvement in the review of the normal operation of the arrest of this procedure plays an important role in ensuring the quality of the arrest and lowering the rate of arrest and detention.Therefore,it is necessary to examine the process of running the mechanism in practice,analyze the problems and the reasons,and it is necessary to construct a mechanism for reviewing the arrest of lawyers.In addition to the introduction and conclusion,the text is divided into four parts,a total of more than thirty thousand words.The first part is the basic theoretical study of the system of reviewing the involvement of lawyers in the arrest stage.This part of the legislation from the history of departure,combing our legislation and judicial interpretation of the relevant provisions of the mechanism.Secondly,it clarifies the basis of lawyer's intervention from the theoretical point of view of procedural disclosure,litigation participation and effective defense,and judges the theoretical basis of the mechanism.Lawyers involved in the review of the arrest process to enhance the transparency of the litigation phase of the operation,in the "sunshine justice" environment also reflects the principle of open and litigation proceedings.In addition,the suspect in the prosecution of the "referee" in the litigation structure,compared with the investigating authorities,in a natural weak party,in the investigation phase to allow lawyers to participate in,and investigating organs of the game,this is a valid defense reflect.At the same time,lawyers to better intervene,the prosecution can make a more comprehensive grasp of the case information,so as to make more objective and accurate decision.The second part of the use of empirical research and data collating methods,mainly on the prosecution of several prosecutors to review the operation of the arrest of lawyers to conduct a comprehensive inspection of the situation,to the prosecution staff sent a questionnaire survey,and handling the case of experienced prosecutors and lawyers Dialogue,listen to their views on the mechanism and improve the views.Through the investigation and interviews,the author collated and found that in the current lawyer involved in the investigation of the operation of the arrest process,the lawyer involved in a low proportion,the effect of small,follow-up regulations and remedial measures are imperfect in the operation of several major problems.The third part is the analysis of the reasons for the existence of the problem.The author summarizes both the legislative and practical reasons.First in the legislation,the investigating authorities informed the family is not clear,the practice of postal delivery is slow,is not conducive to lawyers to intervene earlier;at the same time review the arrest period is only 7 days,and the legislation is not for the period Lawyers,investigators and prosecutors of the specific operational requirements,resulting in the operation of lawyers involved in the program is not smooth.The last reason for the legislation is that the law has given too little authority to lawyers at the time of the arrest stage.Most lawyers can only understand the case through the communication with the suspects,the absence of the marking power,and the lack of stipulation of the right of investigation and evidence.The case of the situation is not conducive to the views of his counsel.Second,at the practical level,the investigating authorities and the procuratorial organs are not smooth in the process of transferring the files,and can not attach the cases to the lawyers.This is also one of the main reasons for the involvement of lawyers.At the same time,the mechanism involves the attitude of the three parties is also a major factor affecting the operation of the mechanism.Some prosecutors and lawyers are not active in the mechanism and some suspects are not aware of the lawyer in the review of the arrest process or because of economic capacity and can not hire a lawyer,are leading to a small proportion of lawyers involved,the effect is poor important reason.The fourth part is to put forward the questions and analyze the reasons for the specific reasons for the review of the arrest process of lawyers involved in the views of the mechanism.For the poor operation of the mechanism of the situation,the first is the system itself should be reformed to strengthen the investigation organs,prosecutors and lawyers to communicate and protect the good interaction between the three parties;to protect the suspects and lawyers of the right to defense,on the one hand need to improve Legal aid system to ensure that more people get timely lawyers to help,on the other hand to strengthen the rights of lawyers,lawyers to expand the case of information sources;improve follow-up procedures,strict implementation of the arrest system,It is prepared for later defense work.Secondly,in order to make the mechanism practical,in practice can really play a role,but also need to improve the relevant supporting measures,including the construction of relief procedures and the relevant judiciary staff and lawyers attitude change.