The Research On The Right Of Lawyers To Defend Under The Reform Of National Supervision System

The reform of the state supervision system aims to create a centralized,authoritative and efficient national supervision system,and the investigation power of the supervision committee formed after the "integration of disciplines and inspections" is an important means for the supervisory organs to exercise their supervisory power.The exercise of the investigative power of the Ombudsman has caused concern about procedural justice and human rights protection due to closure,concentration and ambiguity.The supervision of the investigation commission's investigation power has become one of the research focuses in the supervision system reform,and how to design a concrete and effective supervision system has become the focus of people's research.Firstly,the research begins with the status quo of the right to defense under the reform of the national supervisory system,discusses the connotation and nature of the reform of the national supervisory system,the connotation and nature of the right to participate in the law,and systematically describes the relationship between the reform of the state's supervisory system and the right to participate in lawyers.In the long run,it is necessary,important and feasible to construct a system for guaranteeing the participation of lawyers under the reform of the national supervision system.Secondly,it deeply studies the many obstacles faced by the current system of guaranteeing the participation of lawyers under the supervision system.These obstacles not only come from the lack of legal norms,namely,the lack of supply in the Constitution,the supervision law,and the criminal procedure law.They also come from the characteristics of the supervision committee,the procuratorate and the court at the implementation level of the system,that is,the investigation power is increasing.Enhancement,the intervention of the right to public prosecution and the possibility of centralization of the trial.Finally,from the perspective of the specific construction of the lawyer's right to participate in the security system,it advocates standardizing the form of participation of current lawyers.At the investigation stage of the supervisory organ,lawyers can provide non-litigation services to respondents and their close relatives;after the investigation stage of the supervisory organs,Lawyers should quickly carry out traditional legal services.It is clear that a mechanism will be formed within the Ombudsman to clarify the time for the intervention of lawyers.Establish a supervision mechanism for defense lawyers;maintain the investigation and evidence collection channels of defense lawyers;guarantee the communication rights of the parties and defense lawyers and introduce the duty lawyer system and legal aid system.All in all,the research mainly focuses on the research on the protection of lawyers'participation rights under the reform of the national supervisory system,and advocates the establishment of certain restrictive mechanisms outside the supervisory organs,so as to get rid of the possible cooperation and mutual cooperation between the public security,procuratorates,courts and the supervisory committee.Bad elbow.The reform of the state supervision system is an ambitious institutional project.The guarantee of lawyers'participation rights is based on the power supervision and power guarantee to propose a system concept,and ultimately serves to establish a centralized,unified,authoritative and efficient and fair and strict national supervision system.