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Research On Right Guarantee Of Lawyer's Defense In Investigative Stage

Posted on:2020-02-29Degree:MasterType:Thesis
Country:ChinaCandidate:W Q LouFull Text:PDF
GTID:2416330578951198Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The investigation stage is the primary link of criminal procedure,the main stage of obtaining evidence and fighting crime.However,in this stage,the investigative organs have greater power,leading to the unequal status of the prosecution and defense,and even miscarriage.Therefore,the role of lawyer right in the investigative stage is very necessary,and the key lies in the perfection and protection of the lawyer's right of defense in the investigation procedure.The Criminal Procedure Law of 2012 has made great progress in guaranteeing the right of lawyer's defense in the investigation stage,but there are still some problems,which has aroused the attention of the scholars of procedural law again.By analyzing the advanced legislation and the successful experience of the major law-governed countries in the two legal systems,this paper puts forward many problems and deficiencies,and puts forward some corresponding measures to improve and guarantee them.Through the research on the rights of lawyer investigation,knowledge right,investigative interrogation right,complaint right and so on in the investigation stage,the paper tries to construct a complete system which conforms to the international trend and conforms to the domestic local investigation stage lawyer's right guarantee,and indicates the way and the direction for the further development of the lawyer's right This article is divided into four parts.In the first part,the author probes into the significance of the lawyer's intervention in the investigation stage,and on this basis,analyzes the litigation value and theoretical basis of the lawyer's right in the investigation stage,and analyzes the necessity of the lawyer's intervention in the investigation stage.It expresses the correctness and practical significance of the lawyer's intervention in the investigation stage.The second part,from the investigative stage lawyer right launches,through analyzing the protection of lawyers ' rights,the author explores the new way of the combination of the extraterritorial model and the Chinese native,and finally puts forward some new opinions for the protection of the lawyer's.In the third part,on the basis of analyzing the effective experience and new model of the lawyer's right to defend the foreign lawyers,this paper enumerates and analyzes the problems encountered in the practice of lawyers in our country,such as the low rate of lawyer's defense in the investigation stage,the difficulty in the exercise of investigation and evidence,and the lawyer's knowledge right has not been paid enough attention by the investigative organ,the investigation interrogation lawyer's absence of the right of presence,the lawyer to defend the lawsuit right to complain,the accusation and so on the effect is also not obvious,and lacks in the investigative stage lawyer right safeguard and the relief procedure,has clarified the investigative stage lawyer.Part four finally,on the basis of combing the problems appearing in our country,the author puts forward some suggestions and measures to perfect and guarantee the lawyer's right of defense in the investigation stage,and probes into some theoretical problems such as the right of the lawyer's questioning and the right of knowing in the investigation stage.The author puts forward the system of "investigation order",and combines the extraterritorial experience with that of China to get out of the road which accords with China's national conditions.
Keywords/Search Tags:Lawyer's right to defense, Right to investigate and collect evidence, Right to be present, Right to know, Right to appeal
PDF Full Text Request
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