A Study On The Establishment Of The Right Of Lawyer-on-site In Our Country

In recent years,the frequent exposure of the Criminal Misjudged Case shows us that the investigation centered and written processing modeis deeply rooted in China's "confirm" mode of proof on the serious defects.The criminal suspect in the investigation stage is completely in a weak position,and even said that "the object of action".With the development of the current criminal litigation system and the increasing emphasis on the protection of human rights,the scope of the lawyers involved in criminal proceedings continues to expand,the right of lawyer-on-site of this system has become a guarantee of the suspect or defendant is an essential and effective means,and the world more and more national identity.However,in our country,the Criminal Procedure Law has been revised several times since 1979,but there is still no relevant provisions of the right of lawyer-on-sitein the investigation stage.Therefore,based on the definition of the concept and value of the right of lawyer-on-site,the paper analyzes the difficulties and advantages of the establishment of the right of lawyer-on-site in the investigation stage,and puts forward the legislative idea of the right of lawyer-on-site in our country.The article is divided into four parts: the first part gives an overview of the right of lawyer-on-site,defines its meaning and content,reviews the history and trend of development,expounds the legislative value of the right of lawyer-on-site,and then draws out the rationality and legitimacy of the right of lawyer-on-site.The second part introduces the present situation of the absence of the right of lawyer-on-site in our country and analyzes the two reasons of its absence.The third part analyzes the difficulties of the establishment of the right of lawyer-on-site in our country,and concludes that the legislation of t the right of lawyer-on-site legalization is mainly hindered by the traditional judicial idea and the existing judicial practice.The fourth part discuss the feasibility of establishing the right of lawyer-on-site in our country.At present,the change of the judicial idea,the perfection of the defense system and some practices provide the theoretical basis and practical basis and create a new opportunity for the establishment of the right of lawyer-on-site in our country.The fifth part puts forward the legislative conception of the the right of lawyer-on-site's establishing in the investigation stage,from the aspects of the premise,applying the rules,the concrete content and the supporting measures.