The Right Of Lawyers-on-site At Interrogation

“The development of criminal procedure is also the development of the rights to defense.” Ensuring the rights to defense is a global rule of law ignoring the differences of social system,ideology and judicial tradition between various countries and the democratization and science of criminal procedure depend on the perfection of criminal defense system.As an important component of defense system,the counsel-present system in interrogating suspects plays a great role in restricting the investigation power and guaranteeing the basic rights of criminal suspects in proceedings,which maintains the criminal suspects' principle status.There are many improvements about the defense system in the revision of criminal procedurein 2012.As a defender,the lawyer who gets involved in the investigation procedure is a lowest justice claim on the international normal of criminal suit.In fact,however,in the obligation standard context,the rights to defense of the criminal suspectwithout any timely help from lawyers are still limited in investigation and the lawyer's status of defense also can not be stipulated due to not getting involved in the investigation procedure.Besides,the deficiency of justice judge and Procuratorate's legal supervisory in investigation leads to lacking of external supervision of investigation power,and the investigating power can be easily abused accordingto its natural initiative and expansionary,which deprives criminal suspect of rights to defense and principle status,such as rampant extorting confessions by torture,frequent withdrawing a confession and high detaining rate.In this context,this thesis is trying to resolve the above mentioned phenomena by establishing the counsel-present system in interrogating suspects to strengthen the supervision to course of interrogating and through the lawyers participates in the criminal interrogation,the voluntary of confession and participation of procedure of criminal suspect both can be safeguarded.Therefore,it is possible to reinforce the defenders and change the loss ofbalance between "control" and "defense",which will guarantee the criminal suspects' principle status and show the procedural justice and human rights protection of criminal procedure.