On The Plight Of Practice And Protection Of Rights In The Investigation Stage Of Criminal Defense Lawyers In China

As the cornerstone of criminal procedure,the investigation stage is very important in the process of criminal procedure.Because the evidence obtained in the investigation stage and the facts will have a direct impact on the future outcome of the trial.In the stage of investigation,the most critical is the protection of human rights of criminal suspects.The degree of protection of human rights and for the investigation stage for criminal suspects are from the criminal defense lawyers in the investigation stage of the degree of freedom and rights and not widely reflected.In order to strengthen the status and role of the criminal defense lawyer,the current laws and regulations of our country endow the criminal defense lawyer with a broader right.In 2012,the twenty-ninth session of the Standing Committee of the National People's Congress adopted the "decision of the Standing Committee of the National People's Congress on Amending the law of the People's Republic of China on the basis of the law of the people's Republic of China" on the basis of the decision of the Standing Committee of the National People's Congress in.The amendment of the lawyers' law is an affirmation of the importance of the lawyer(especially the criminal lawyer).But this still can not change the weak position of our lawyers.The lawyer system in our country is still very fragile in general,and the rights of lawyers in the process of litigation need to be further improved and developed.For example,the right of the criminal defense lawyer in the investigation stage is still not complete;the criminal defense lawyer lacks corresponding safeguard measures in the process of practice,and there are some deviations in the understanding of the investigation organ and the public.At the same time,the investigation organ's right is too strong,and the supervision mechanism is too weak.This makes it easy for the suspect's basic rights to be violated.Even if the investigation organ infringes upon the legitimate rights of the criminal suspect,the relief measures and remedies are limited.Criminal defense lawyer can not be effective for criminal suspects in the investigation stage to provide legal services,the evidence provided by both parties are not equal,then affect the defense in the trial procedure in effect,the prosecution against becoming the judicial procedure of a kind of form.