On The Rights Protection Of Lawyers In Criminal Procedure

In the whole criminal judicial procedure,criminal defense plays an important role.Fundamentally speaking,the criminal suspect and the accused are the main body of the right to defense.However,in the criminal procedure,the criminal suspect,the defendant's personal freedom is limited by the addition of criminal suspects and defendants usually do not have professional legal knowledge,in order to fully exercise the right to counsel,under normal circumstances,they will seek the counsel of the help.So,to some extent,the defense lawyer in the criminal proceedings in what position and defend rights can be exercised fully for the realization of criminal defense functions and plays a decisive role,and even affect the whole criminal procedure justice and the construction of socialist rule of law.Although the 2012 revised "Criminal Procedure Law" for the defense system has improved further,strengthen the protection for rights of the defense lawyers,but in practice the effect,the defense lawyer right exercise defense still faces obstacles,with the influence of traditional culture,there are difficulties and resistance from the legislative,judicial and other aspects the defense lawyer in order to guarantee the full exercise of the right,the realization of judicial justice,we must try to get rid of these difficulties and obstacles,security defense lawyer can fully exercise the right to defense.Firstly,From the analysis of the basic theory,the paper introduces the concept of defense,defense of counsels,the rights of the counsels,main contents,and the main carding value of the right of counsel.Secondly,the paper studies the right of counsels in common law and civil law countries,introduces the right of lawyer presence,meeting right in interrogation,right of investigation and evidence collection,the immunity right of marking and speech of the Anglo American law system and continent law system to find out the useful content to perfect the defense lawyers rights in China.Thirdly,the paper analyzes the main problems and reasons of current defense lawyers rights protection in China,discusses the existing issues of lawyers rights protection in the stage of investigation,prosecution and trial,then gives a brief analysis of the cause of lawyers lack of protection of rights.Fourthly the paper puts forward measures to perfect the defense lawyer rights,to strengthen the protection of the rights of criminal procedure among defense lawyers by improving the specific rights and related measures,and promote the function of lawyers in criminal proceedings in full play.