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The Research On The Right Of Having A Lawyer Presence During Investigative Interrogation

Posted on:2019-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:X W ZhangFull Text:PDF
GTID:2416330545997011Subject:Litigation
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In the context of the judiciary-oriented judicial reforms that are constantly moving toward deeper waters,legislation in many fields has focused on enhancing the defense of the defense.However,the investigative interrogation process has not received enough attention.Due to the limitations of the traditional concepts of criminal justice and the traditional investigation model as well as the inadequacies of lawyers' rights protection system in the past,the right of having a lawyer presence during investigative interrogation has remained in the legislative blank since the beginning of the 21st century.It is true that interrogation,as an important means for police to obtain criminal information,is an important link in the construction of the evidence chain,but it is also an area in which the legal rights of the accused are vulnerable to violations.And,how to put an end to the phenomenon of"over-emphasize on combating crimes ","confessional centralism" and "extort extorting confession by torture" has always been a problem that has plagued China's criminal judicial practice.From the point of view of strengthening the human rights protection of the prosecuted party and achieving the due process concept of equal defense,the system of the right of the prosecuted party to have a lawyer presence during investigative interrogation is an effective way to solve the over-balance of rights configuration.Therefore,this article is to re-illustrate theoretical and legislative circles to attach importance to the issue of the right to have a lawyer presence during investigative interrogation,and to proceed with relevant legislation and pilot exploration in this area in order to avoid such kind of problems emerging in endlessly in the judicial practice.In addition to the introduction and conclusion,this article consists of five parts.This article first analyzes the definitions,rights,obligations,nature,characteristics,etc.of the system of the right to have a lawyer presence(dichotomy and dichotomy)in the first part,and points out that the right to have a lawyer presence in this article refers to the narrow sense,in other words,is the right to have a lawyer presence during investigative interrogation.In the second part,it states the legal basis behind the system of the right to have a lawyer presence and the value of litigation contained in it.In the third part,the article systematically introduces the laws and some judicial practice in other countries and Taiwan Distract.Furthermore,a substantive and procedural regulatory model to restrict the presence of lawyers and the relationship between the three types of interrogation and normative measures have been proposed,which is conducive to China's rational choice in the construction of particular system.In the fourth part,the article propose that the current status of the right to have a lawyer presence during investigative interrogation is missing in China,and it responds to the questioning of the system's establishment of academic community.In addition,the reasons for the long absence of the right to have a lawyer presence during investigative interrogation in China are reviewed,and it illustrates the necessity and feasibility of constructing the system.Finally,based on the critical analyses the pros and cons of theories in other countries and distracts,this article elaborates on the meaning and scope of the particular system in the context of our country,and explores the rules of the right to have a lawyer presence in China in the new era,as well as propose some reasonable and scientific ideas of legislation and piloting trials of construction of the systems of the right to have a lawyer presence during investigative interrogation.
Keywords/Search Tags:the right to have a lawyer presence, investigative interrogation, Physical limitations, procedural limitations, pilot exploration
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