The Study On The Lawyer's Intervention In The Supervision Of Detention

During the national supervision system reformation,detention plays a vital role when supervision committee uses it as a means of investigation.The Law of the People's Republic of China on Supervision lack of the basic guarantee for the people who are detained.Supervisory mechanism and concrete program are needed to be completed.To solve these problem,we need to Strengthening self-supervision within the supervisory commission,People's congress,democracy and other oversight at the same time.Let the people who are detained have the right of getting legal help.Supervisory investigation is different from criminal investigation.Lawyers intervening is not the same as the one In criminal procedure of lawyers intervene in the investigation stage in advance.There is a reliable theoretical basis for lawyers to intervene in monitoring lien.The lawyer's intervention in the supervision lien can guarantee the realization of the substantive rights and procedural rights.At the same time,It can make up for the lack of effectiveness of internal and external supervision.The next step is to see the special attribute of the political organ of the supervisory commission and the lien measure.By drawing on the valuable experience of lawyers' participation in the ordinary criminal investigation stage and the legal aid lawyer system,to restrict the scope and depth of the lawyer's intervention surveillance lien,putting forward the view that the limited access to counsel in the surveillance lien.As for the design of the lawyers intervening in detention.First,under the condition that Supervision committee can work independently.According to the type and the affection of the case,we divide the cases into three different kinds: prohibit lawyers intervening case,approve of Lawyers intervening case and restrict Lawyers intervening case.We should fully understand the handling process and analyse the relationship between the supervision committee,people who are retained and the lawyers are consider as the helper.Second,to avoid overstepping behavior,the their rights and obligations should follow the law of detention.Lawyers has the rights of meeting the people who are retained,applying to change the detention measures,bringing forward an opinion and looking up dossier with limitation.All the rights can make sure lawyers provide the effective service.At last,this essay tries putting forward procedures during the detention.Including approval,meet,look up dossier apply for and suspend.We hope all these measures can complete correlative system on detention.