On The Construction, Methods And Approaches Of The Lawyer's Presence System In China's Investigation And Interrogation

The presence of lawyers in investigation and interrogation system is one of effective measures to curb the inquisition by torture,protect the rights of criminal suspects,this system not only supports rich criminal theory,but also in many countries,the United Nations and the world(including the rule of law in some less developed countries)has also reflected the law text,but our legislation did not make the relevant provisions.As everyone knows,the investigation organ of our country relies heavily on confessions,in judicial practice as well as the inquisition by torture inquisition by torture caused miscarriages of justice in spite of the establishment of China's It is often seen;synchronous recording and procurator organs' supervision on investigation of evidence,by obtaining the absolute inquisition by torture shooting system and regulations to prevent the inquisition by torture but the actual effect is unsatisfactory.In the present system of lawyers is perhaps the balance of both sides,to prevent the inquisition by torture,so as to ensure the legitimacy of the criminal prosecution basic a "ultimate" recipe.Based on the analysis of the system construction of the main obstacles,that China has begun to have construction of lawyers present system in the condition of this conclusion,and puts forward the concrete conception "ideal type" system design.Finally,in order to make our country from the initial construction of the investigation and interrogation system advanced to the lawyer in investigation and interrogation in the presence of the system is put forward in this paper from the "pilot" to "comprehensive” promotion,from the "limited presence" to "full presence" and from "Limited cases” application to the “general case" gradual perfect approach.