Research On The System Of Lawyer's Participation In The Procedure Of Arrest Reviewed

The system of lawyer 's participation in the procedure of arrest reviewed is officially written into the "Criminal Procedure Law" of 2013,that means the procedure of arrest reviewed in China is moving in the direction of litigation,reflects the progress of China's criminal procedure system,more fully reflects the judicial concept of safeguarding human rights and justice.However,due to various reasons,the system in the implementation process there are various problems,such as insufficient lawyer's participation,not obvious participation effect,low quality lawyer's opinion,difficulty in legal aid,resulting in the implementation of the system is not ideal.Based on the systematic analysis of the basic theory of the system and the empirical study on the practice situation,the author finds out the existing problems and the reasons behind them,and compares and draws lessons from the extrajudicial system,and puts forward the countermeasures to improve the system of lawyer's participation in the procedure of arrest reviewed.This paper is divided into five chapters:In Chapter One,discusses the basic theory of the system of lawyer 's participation in the procedure of arrest reviewed.Respectively,elaborated the establishment,development and value judgments of the system of lawyer 's participation in the procedure of arrest reviewed in our country.In Chapter Two,investigates and analyzes the practice of the system of lawyer's participation in the procedure of arrest reviewed by means of empirical investigation.First,the specific implementation of the system,including the views of lawyers to listen to detailed provisions and actively explore the various cases of public investigation of the arrest mode.Second,the empirical analysis of the implementation of the system in the F Provincial People's Procuratorate and F Province F City G District People's Procuratorat.In Chapter Three,base on the investigation of the situation,to find The problems in the implementation of the system,such as insufficient lawyer's participation,not obvious participation effect,low quality lawyer's opinion,difficulty in legal aid.And analyze the reasons comprehensively.In Chapter Four,introduces the two modes of lawyer's participation in the pre-trial detention procedure,namely,the "hearing mode" dominated by the common law system and the "listening opinion mode",which is dominated by the civil law system.Through the comparative study,provide reference for perfecting the system of lawyer's participation in the procedure of arrest reviewed in our country.In Chapter Five,puts forward the countermeasures to improve the system of lawyer's participation in the procedure of arrest reviewed.In view of the existing problems and causes,base on practice and learn from foreign experience,to put forward the improving countermeasure around the transformation of ideas,improve the procedures,arrest litigation transformation,improve the supporting mechanism.