The Provisions On The Protection Of The Practice Rights Of Lawyers According To Law The Implementation Of The Investigation Report

After the reform of the criminal procedure law in 2012,there have been many researches on the theory and practice of lawyers' defense right.In two senior department,the supreme people's court,the supreme people's procuratorate,the justice department,the ministry of public security,state security)issued "about protect the rights of a lawyer's practice in accordance with the provisions(hereinafter referred to as the regulations),involving the rights of criminal defense lawyers in the regulations to carry out case study also relatively small.This paper,through the field investigation,combined with the situation in B district of S city after the promulgation of the regulations,puts forward some countermeasures and Suggestions for the protection of the practice rights of criminal defense lawyers.This paper is divided into three parts,with a total of 30,000 words.The first part Outlines the relevant provisions of the defense lawyers' rights in the regulations.It mainly includes the following aspects: strengthen the defense lawyer's right to know;To strengthen the right to meet the defense lawyers;Increasing the protection of the rights of defense lawyers;Strengthen the protection of the rights of defense lawyers;To ensure the right of investigation and evidence of evidence by the defense lawyer according to law;To fully safeguard the rights of the defense counsel;Strengthen the protection of the right of lawyer's trial.,on the other hand,this paper discusses the establish the "rules" by broadening the channels for complaint complaint and appeal mechanism,establish the suggestion feedback mechanism,establish a system of joint conference and a series of various departments and so on,to protect the rights of defense lawyer practicing effective operation of the remedy mechanism.The second part discusses the main problems in the implementation of the regulations and its causes.The author take the questionnaire survey and the interview way to S city B area 120 lawyer rights situation has carried on the investigation,through the analysis of the results found that the regulations in the security problems of defense attorney rights,the main problems for the following several aspects: one is the limitation on the lawyer meeting right,reading right open marking the scope of the unknown and the content of the electronic data integrity problem,the investigation power law based on considerations of professional risk investigation right is still difficult to implement in applications;Second,because the trial centered in the regulations of the trial system reform has not completely implement due to the questions about the lawyer trial rights is difficult to implement,such as simplified trial,proof,cross-examination,become a mere formality of the debate,the witness to appear in court to testify is still not become the norm.Thirdly,the paper analyzes the problems in theimplementation of the provisions of the regulations.If the legal effectiveness of the relief standard is low;Lack of unity of relief agencies;Results: the remedy is not perfect.The third part discusses how to implement the safeguard mechanism of the defense lawyers in the regulations.Mainly includes five aspects: first,to further promote the construction of the legal profession community,including building services lawyers mechanisms,establish normalized communication mechanism,cooperation mechanism to explore the judicial practice,so as to promote the further construction of the legal professional community.Second,further safeguard the rights of the pre-trial defense preparedness stage.In the case of meeting,strictly limit the standards of special major bribery crimes,and improve the meeting place and other hardware facilities;Strict limits in terms of marking,inside and outside the scope of the volume of supplementary investigation evidence to inform the lawyer after marking,clear synchronized video recording shall be transferred together with the case,but organ of authority to display the content of the electronic data evidence,as far as possible,the integrity,authenticity;In investigation,the investigation right extends to the investigation stage,establish the system of defense lawyers independent,improve the system of application for investigation,build system of criminal evidence preservation,the introduction of investigation in the criminal procedure system.Third,improve the legal rights of lawyers to be violated the relief mechanism.Mainly from the establishment of procedural sanction system,reform the administrative disciplinary punishment system to improve.Fourth,we should establish a judicial system of litigation,strengthen the quality of the trial,improve the court system of witnesses,and make reasonable restrictions on the contents of the practice immunity of lawyers.The innovation of this paper is that the data used and the information of the interview are the first-hand materials from the practice and have certain reference value.At the same time,this paper abandoned the traditional paper controversy in theory as the research train of thought of mold,the results of questionnaire and interview,make a comprehensive analysis of the regulations in the implementation of the existing problems,and put forward pertinence,as to enrich the related theory,and solved the related practical problems.