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On The Interview Right Of Lawyers In The Investigation Statge

Posted on:2019-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:W B DaiFull Text:PDF
GTID:2416330572462168Subject:Law
Abstract/Summary:PDF Full Text Request
The lawyer's meeting system during the investigation stage is one of the important contents of the defense system.We believe in judicial practice and academic theory that it plays an important role in protecting the legitimate rights and interests and achieving equal status between the prosecution and defender.However,in the judicial practice of our country,the right to meet the lawyer is difficult to be guaranteed for a long time.In March 2012,China formally promulgated the Amendment to the Code of Criminal Procedure,made a larger adjustment to the lawyer's criminal defense system,and reestablished the lawyer's meeting system in the investigation stage.However,there are still many aspects to be improved in China's lawyers' meeting system at the stage of investigation.Starting from the basic theory of the right of the lawyer's meeting,this paper analyzes the present situation of the legislative origin and the meeting system of the lawyer meeting in the investigation stage of the criminal cases in China.Then we compare the lawyer's meeting system in the current criminal investigation stage with other countries in the world in the criminal case investigation stage,and draw the conclusion.Finally,it puts forward some suggestions for the Amendment of the Criminal Suit Public law and the provisions of the lawyers' meeting right in the criminal investigation stage,which is expected to improve the lawyer's meeting system in the criminal investigation stage and achieve better equality about two sides between the prosecution and defender.This article is divided into four parts,about thirty thousand words.The first part will mainly discuss the basic legal system,including the legal meaning,the subjects,objects,contents and values of the lawyer's right to meet in the criminal investigation stage.The second part of our criminal investigation phase lawyer system,legislation origin analysis of the status quo,combined with some actual encountered problems in the judicial practice and the existence of the defects in the legislation,to find the current stage of criminal cases of lawyers in the investigation stage would see the defects of the system.The third part of the foreign relative improvement of the rule of law and the International Convention on the criminal investigation phase lawyer system analysis,will meet the domestic and foreign related system were compared and analyzed;studied in America and Britain,Germany and Japan and other countries and Taiwan area criminal cases investigation phase lawyer's system status,and find out the good the meeting system worth learning from.The fourth part expounds the suggestions and thinking of perfecting the lawyer meeting system at the current investigation stage of criminal cases in China.
Keywords/Search Tags:the right to meet the lawyer, the stage of investigation, the protection of rights
PDF Full Text Request
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