Research On Chinese Criminal Defense Lawyers' Rights In Criminal Investigation

In order to effectively guarantee the exercise of the right of defense defense lawyers in2012,the new "criminal procedural law" has been greatly modified on the defense system,which established the lawyer in the investigation procedure of defense position,and further expand the Defense Lawyer Litigation rights,such as perfecting the right of meeting and communication,the provisions about the case,put right right,for the right of complaint,strengthen the right of investigation and so on,to a certain extent,improve the defense lawyer to this dilemma.In the aspect of perfecting the lawyer's right to defense in the investigation stage,the current criminal procedure law in China has made notable progress,but there are still some gaps compared with other developed countries.The shortcomings of the current legislation and some problems encountered in practice lead to the difficulty of solving the problem of lawyer's defense in the investigation stage.Based on the empirical analysis of the content and exercise status of the lawyer's right to defense in the investigation stage,the author summarizes the main problems and puts forward relevant suggestions.This article is mainly divided into four parts:The first part:An overview of the right to defend the lawyer in the stage of investigation.The right to defend the lawyer in the investigation stage is not only an inevitable requirement for the protection of human rights,but also the proper meaning of the principle of balance of accusation and defense.In this part,the author discusses the concept of the right to defend the lawyer in the investigation stage and the necessity of the right of defense in the investigation stage.The second part: The main content of the right to defend the lawyer and the overall situation of the exercise of the rights in the investigation stage of our country.Based on the current criminal procedure law,the author generalizes the main contents of the right to defend the lawyer and the overall situation of the right to exercise the right of defense in the investigation stage of our country.It includes: understanding the right of case,putting forwardthe right of opinion,meeting the right of communication,the right to investigate and collect evidence,and the general situation of exercising these rights in judicial practice.The third part: The provision of the right to defense and the main problems in the exercise of the lawyer's right to defend in the investigation stage of our country.The author analyzes and summarizes the main problems in the exercise of attorney's right to defense in the investigation stage according to the relevant legislative provisions and the exercise of rights in judicial practice.The provisions about the case of lack of operational right and marking the right comments deletion;start the program,the investigators do not pay enough attention to the defense opinions;"three cases" met with difficulty,the hardware device is not perfect;investigation difficulties;lack of right of presence of interrogation.The fourth part: To improve the right of defense in the investigation stage of our country,I put forward specific suggestions.The provisions of lawyers' defense right in investigation based on the existing problems and the exercise of the right to know the case,and put forward the views of the right,right of meeting and communication,the right of investigation put forward specific reform proposals,and from legal aid,judicial relief,criminal immunity in three aspects of the establishment and perfection of the supporting system.