Research On The Lawyer Present Right Of In The Stage Of Investigation And Interrogation

Promote the reform of trial centered lawsuit system,the requirement to strengthen the source of forced confession and illegal evidence to prevent and reduce the illegal actions in investigation of interrogation,to promote the fundamental reform of the pre-trial investigation of interrogation system.At present,the illegal investigation is mainly through the implementation of the exclusionary rule of illegal evidence.This relief procedure is complex,not easy to achieve the effect,it is difficult to achieve the goal of preventing illegal forensics.By comparison,the lawyers involved in the investigation beforehand prevention method is more effective,to guarantee the legitimacy of the investigation evidence collection behavior.In 2012,the revised criminal procedure law stipulates that the lawyer is involved in the investigation stage as a defender,but the right to be present in the legislature has not been established.Lawyer present right is an important litigation rights of criminal suspects,is a kind of effective supervision of investigators and checks and balances,can balance the power of the prosecuting and defending parties in the certain degree,and procedures to prevent illegal phenomenon,achieving procedural justice and guarantee that the investigators legally obtain evidence.China's criminal judicial environment is improving,criminal justice idea renewal and development,the defense system in investigation stage has been established and protection from the legislative level,the lawyer industry development faster,more standardized,the relevant experiment of remarkable achievements,for the establishment of the right of lawyer present in our country have laid a solid foundation.First of all,the author summarizes the right to be present,defines its meaning and the main body of rights,and introduces the historical development of the right to be present;Secondly,it introduces the relevant legislation and practice of the right to the presence of foreign lawyers.It mainly selects the representative countries and regions in the common law system and the continental law system.compared to the rights in different legal systems in the scope of rights,limitation of rights,in violation of the rights of the consequences,and provides references for reference for the establishment of the investigation stage in China's presence right of lawyer;Thirdly,combined with the changes of the criminal judicial environment in our country,this paper analyzes the necessity and feasibility of establishing the right to be present in the stage of investigation and interrogation;Finally,the system of our country lawyer presence right construct puts forward the preliminary ideas,including the scope of the case,the lawyer presence right content and boundaries,application specific procedures and related measures to improve,in order to have some inspiration or help to the legislative or judicial future.