Research On Lawyer's Right Of Communication In Criminal Procedure

Communication right is not only a constitutional right,but also a lawyer's right of defense.Article 40 of the current Constitution of our country stipulates that the freedom of communication and the privacy of communications of our citizens are protected by law and shall not be infringed on for no legal reasons.Article 39,paragraph 1,of the Code of Criminal procedure clearly stipulates that lawyers shall have the right to meet and communicate,However,paragraph(2)(3)(4)of this article only specifies the right of access to a lawyer,and does not provide for a similar detailed provision on the right of a lawyer to communicate.There is also no explicit provision for exceptions to the exercise of a lawyer's right to communicate(i.e.in which cases a lawyer's right to communicate should be restricted).Resulting in judicial practice In practice,judicial staff may obstruct or interfere with the correspondence between lawyers and suspects and defendants at any time.Nowadays,in the legislation of countries(regions)in the world,most of the defense lawyers meet with each other,the right of communication is fully protected,and a series of supporting systems are established to protect them.However,due to various reasons,the basic system starts late,develops slowly,the legislative technology is relatively backward,and some legal workers have outdated ideas in practice.As a result,it is difficult to guarantee the right of communication between suspect and lawyer in pretrial stage of our country.In addition,the provisions for the right to communication are more general,vague and specific.Blank.To regulate the lawyer's right of communication in detail to ensure the validity of the exercise of the right is not only a complement to the right of defense,but also provides a basis for the implementation of the constitutional right and the promotion of the guarantee of judicial human rights.Therefore,this thesis will focus on the related issues of lawyers' right to defense in criminal proceedings,mainly composed of the following parts:The first chapter is the introduction part of the thesis,clear the value andsignificance of this topic,point out the research ideas and methods,and review the reference literature.The second chapter mainly summarizes the basic principle of lawyer's right of communication,briefly introduces the content of lawyer's right of communication in procedural law,expound the connotation of traditional lawyer's right of communication,and define the subject of this right.Then,the function value of lawyer's communication right system is discussed.The third chapter mainly investigates the legislation and practice of lawyers' right of communication.By contrasting the legislative norms of different regions,this paper sums up the experience of ensuring the full realization of lawyers' right to communicate,and brings inspiration to the perfection of relevant legislation in China.The fourth chapter mainly analyzes the current situation and judicial practice of lawyers' communication right in our country,finds out the deficiency in legislation and practice,and sums up the factors that are difficult to realize in judicial practice.The fifth chapter is to propose the perfect path for our country lawyer's correspondence right.In view of the problems exposed in the legislation and practice of our country in the last chapter,the author puts forward some solutions,including establishing the basic principles of lawyer's correspondence in procedural law,and perfecting the restriction,guarantee and exclusion of lawyer's right to communicate.Relief and sanctions mechanisms.