A Study On The Valid Defending Of Lawyers In The Pretrial Stage

China's defense system has changed from the original defendant's right to defense and the current defendant has the right to obtain a lawyer to help defend.Article 130 of the "Constitution of the People's Republic of China" clearly stipulates that the defendant has the right to obtain a lawyer to help defend,but the lawyer's defense system is still incomplete.The most prominent issue is how lawyers in the pre-trial phase can effectively defend.Few people systematically study this issue.Based on the research of domestic and foreign scholars,the text of this article is divided into five parts to study the effective defense of lawyers in the pretrial stage.The first part is the introduction.It mainly introduces the research background,research status and research methods of this paper.Effective defense should be a value pursuit in the whole process of criminal proceedings.However,the criminal procedure itself is very lengthy,and it is difficult to cover all aspects of effective defense in a master's thesis.In the past,we focused more attention on the defense activities in the trial phase.With the continuous enhancement of the concept of the rule of law in our country and gradual improvement of the rule of law environment,we are also increasingly aware of the importance of the defense work in the pre-trial phase.In the pre-trial phase,in addition to the stages of filing,investigation,and prosecution,the lawyer needs to do a lot of preparatory work before the trial.Therefore,this article chooses to study the effective defense of lawyers in the pre-trial stage through literature research methods,comparative research methods,normative research methods,and theories linked to reality.The second part is the first chapter of the text,which is an exploration of the basic theories of effective defense of lawyers in the pretrial stage.The author believes that the most intuitive manifestation of the effectiveness of lawyer defense in the pretrial stage is the procedural effect obtained,and this effect mainly depends on the protection of the rights of the defendant and the lawyer and the ability and quality of the defender.The conviction of the effective defense of lawyers in the pretrial stage should include that the rights of the defendant and the defendant are fully guaranteed in the pre-trial stage;the defense lawyers fulfill their duty of defense in due diligence;and the defense of lawyers in the pretrial stage requires defense lawyers to have Very good professional ability;Through the continuous efforts of defense lawyers,the defendant has achieved a good result in the proceedings or in the final judgment.Moreover,the defendant is in urgent need of getting a lawyer's effective defense in the pre-trial stage,which is indispensable.Moreover,the effective defense of lawyers in the pre-trial phase can promote the realization of judicial justice,protect the human rights of the accused,promote the balance between prosecution and defense,and improve the efficiency of criminal proceedings.The third part is the second chapter of the text,which is a review of the defense system of lawyers in the United States,the United Kingdom,and Taiwan.In the international community,in order to protect the legitimate rights and interests of the defendant,some conventions and principles have made specific provisions on the defendant's human rights and safeguards of defense rights.These provisions provide the basis and guarantee for effective defense in the pre-trial phase.Both the United States and the United Kingdom have adopted an invalid defense system to achieve the value pursuit of effective defense.In the pretrial stage,a series of legal provisions have also been adopted to ensure the effective defense of the pretrial stage.Although the Taiwan region of China stipulates that defendants should have the right to be effectively assisted by lawyers,there is no explicit provision in Taiwanese law.It is only in the interpretation of the judges and in other laws and regulations that there is an effective defense of lawyers in the pretrial stage.Protection regulations.The discussion and research on the relevant systems and regulations for the effectivedefense of lawyers in the pre-trial stage in the pre-trial stage is conducive to advancing the process of effective defense of lawyers in China's pretrial stage.The fourth part is the third chapter of the text,and the problems existed in the effective defense of lawyers in pre-trial stage.This part mainly discusses some problems that existed in the exercise of lawyer lawyer defense in the pretrial stage.In judicial practice,the investigation stage is the most prominent stage in which the judiciary appears violent.However,at this stage,defense lawyers do not have the right to be present at the time of the inquiry,and although the previous three-year problem has already been resolved,However,there are still many problems in interviews,reading papers,and investigations and evidence collection.These problems have a great influence on the defense lawyers' effective defense in the pretrial stage.The fifth part is the fourth chapter of the text,the path to the effective defense of lawyers in the pretrial stage.In order to truly realize the effective defense of lawyers in the pre-trial stage,defense lawyers must be able to make full interviews with the defendant,provide the defendant with adequate legal advice and help,carefully review the document,actively investigate and collect evidence,discuss the case carefully,and promptly Defense and so on.Moreover,it is necessary to strengthen the judicial protection of lawyers' right to defense and to impose judicial restrictions on investigative actions.Only in this way can we truly promote the effective defense of lawyers in the pretrial stage.