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On The Right To The Presence Of Lawyers In The Investigation Stage

Posted on:2019-06-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y J GuanFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the advancement of China's trial-centered litigation system reform,the legitimacy of pre-trial procedures has received increasing attention,and the legitimacy of the investigation stage has provided necessary prerequisites for judicial justice.The presence of lawyers at the investigation stage is conducive to the protection of criminal suspects' legal rights,the improvement of defense counsel's right to defend,the improvement of investigations by investigative agencies,the reduction of the existence of illegal evidence collection practices,the reduction of confiscation probability,and the saving of judicial resources.However,at present,this system is not explicitly stipulated in the “Criminal Procedure Law” in China,it makes this system that always keep a pilot state in China from the beginning of 2000 to the present,and there are disputes among scholars on this issue,so the article is from the pilot.The relevant cases in China started,elaborated the issues related to lawyers' right to be present at the investigation stage,and concretely conceived the construction of lawyers' right to presence in the investigation stage in China,so that the right of the lawyers in the investigation stage in China could move from the experimental stage to the legislative level,and in judicial practice,it can be applied.
Keywords/Search Tags:The investigation stage, The right of lawyer's presence, Exclusion of illegal evidence
PDF Full Text Request
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