Research On The Right To Help Lawyers In The State Supervision Activities

In order to build a long-term mechanism for public officials to dare to corrupt,the party and the state have carried out lajor reforms to the decentralized supervision system in the past,established a centralized,authoritative and efficient supervision committee,and formulated the”People's Republic of China Supervision Law," but The Law does not provide for the right to help lawyers under investigation.In order to ensure that state supervision operates under the rule of law,in order to protect human rights,prolote procedural justice,restrict public power,and avoid the abuse of corresponding public powers,the right to help lawyers in the investigation activities should be established.The full text is divided into four parts:The first part is an overview of the right to help lawyers in state surveillance activities,including the concept and nature of lawyers' right to help in state surveillance activities,as well as a jurisprudential basis and legal basis for establishing the right to help lawyers in surveillance activities.The second part is the discussion on the necessity of the lawyer's right to help in the national supervision activities.The right to help lawyers in the establishment of supervision activities in China is to promote the equality of prosecution and defense,and to protect the need to exercise rights;it is to improve the quality of case handling and prevent the need for false and wrong cases;It is necessary to follow the international general rules and realize human rights protection.Therefore,these have prompted the establishment of a lawyer's right to help system in state surveillance activities.The third part is the investigation and enlightenment of the lawyer's right to help in the extra-territorial monitoring activities.The investigation of the right to help lawyers outside the domain,including the civil Iaw system and the Anglo-American legal system,draws on the system construction of the lawyers help right in the criminal lawsuit,and extracts the essence from it.Retain the parts that are useful to us,then add our own unique things,and finally establish a system of lawyers' right to help in our own monitoring activities.The fourth part is the construction of the specific system of lawyers' right to help in state supervision activities.Including the scope of application of the lawyer's right to help in the monitoring activities and the cases that are not applicable,the specific applicable procedures,the rights and obligations of the lawyers present,and how to construct relevant supporting measures to ensure the construction of the system.