The Study On The Right Of Lawyers-on-site In Investigation And Interrogation

Investigation stage is one part of the pretrial procedure,and it is the fundamental stage of the criminal procedure.If the case appeared false in the end,there often existed the mistake in the investigation stage,and the forced confessions occurred frequently on the investigation of interrogation.Because the investigation activities is secret and closed.In addition to the investigation organ and the criminal suspect,the outside world is hard to get involved,and it also provides the investigation organ much convenient space and condition to abuse the power.At the same time,the absence of the procedural rights of criminal suspects in the investigation stage made the criminal suspects' legitimate rights and interests in the investigation of interrogation difficult to protect.The newly revised criminal procedure law of our country identity the lawyer on the investigation stage "defenders" replace "the helpful people of law",and it explains that the accused person's right to defend has been advanced in the investigation stage of criminal proceedings,criminal suspects can exercise their right to defense against the relevant state organs.But our country law of criminal suspects in the investigation stage of the exercise of the right to defend procedural security rights less special,only to meet with the parties,lawyers to provide legal advice and other rights,and make the criminal suspects' right to defend the criminal suspects can be evaded,it cannot play an effective defense.Investigation and interrogation of lawyer present right is in order to safeguard the human rights of the criminal suspects and settings,criminal suspects in the interrogation is investigation phase fully protect their legitimate rights and interests of the powerful weapon.Investigation and interrogation in the establishment of the right of lawyer present not only perfect the defense system of our country,also ensures that the criminal suspect's oral confession is true,and reduce the oral confession evidence excluded in the court trial.The lawyer-on-site right in the investigation of interrogation protects the investigators finally.Due to lay emphasis on the entity and pay no attention to the procedure,use much time on the investigation and spend no time on the trial,regard the crimes-fight as important and dislocate the right to protect the criminal suspect,the traditional concept causes the lack of the lawyer-on-site right in the investigation of interrogation.With the deepening of the concept of human rights protection,many countries in the world has admitted the lawyer-on-site right in the investigation of interrogation.We should also follow the world's pace to establish the right of lawyer present in the investigation of interrogation.Get transformation at present,the concept of human rights protection,social public clamor for the legitimate rights and interests safeguard the criminal suspect more and more intense,through procedural justice realization of entity justice is very popular in today's world,and lawyers in China growing,investigative skills improve are to establish the right to a lawyer present when our investigation interrogation provides a solid foundation.Right to a lawyer present when our investigation interrogation of concrete building needs a gradual process,and it is not impatient,the applicable scope of the criminal case should also follow the steady step,slowly unfolding.The right and obligations of the lawyer has to be clear.In order to ensure the lawyer-on-site right implement smoothly,we need to formulate the relevant supporting measures.The establishment of the lawyer-on-site right in the investigation of interrogation illustrates that our country is ruled by the law.