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Research On The Right Of Lawyers' Presence In The Interrogation Procedure Of Criminal Suspects

Posted on:2021-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:L Q ZhangFull Text:PDF
GTID:2416330623480676Subject:Comparison of the Law
Abstract/Summary:PDF Full Text Request
In the entire criminal procedure,the investigation stage is a very critical stage in the pre-trial procedure,but it has not received enough attention in practice.Especially under the evidence model mainly based on confession,investigation and interrogation often become the breakthrough point of the case,and the investigators often use the confession of the criminal suspect as the sole purpose of the interrogation,which will lead to the lack of equal status of the prosecution and the defense in the investigation stage.,And directly lead to a serious imbalance in the status of both parties in subsequent litigation.The crux of the unbalanced status of the two parties in the investigation is that the investigators lack the necessary supervision in the process of interrogating the criminal suspects.In addition to the investigators and the criminal suspects,it is difficult for third parties to participate.Therefore,with the development of criminal proceedings and the increasing emphasis on human rights internationally,more and more countries have begun to give criminal suspects the right to be present in the investigation and interrogation process.However,with the multiple revisions of China's "Criminal Procedure Law",the right of the lawyer of the criminal suspect in the investigation and interrogation process has not been affirmed in our legislation.Therefore,this article hopes to arouse the theoretical and legislative circles' attention to the question of the suspect's lawyer's right of presence in the investigation and interrogation procedures,so as to guarantee the equal status of the prosecution and the defense and realize the human rights protection of the suspect.In addition to the introduction and conclusion,this article is divided into four chapters.The first chapter provides an overview of the lawyer's right to be present during the investigation and interrogation process.The first part determines the scope of research in this article by narrowing the scope of the lawyer's right to be present,that is,the right of the lawyer's presence only in the investigation and interrogation process,and only for the criminal suspect,and specifically explains the nature of the right.In the second part,it points out the theoretical basis for the existence of the rights of the criminal suspect's lawyer in the investigation and interrogation process,namely the protection of human rights and the value of litigation.The second chapter systematically introduces the relevant legislative provisions and judicial practice of the German law on the suspect 's right to be present in the investigation and interrogation process,and introduces the latest developments in German legislation and the direction of the criminal procedure law modification carried out by academia It pointed out that the current development direction of German criminal procedure legislation provides reference and guidance for establishing the right of lawyers to be present and perfecting the corresponding right of defense.The third chapter expounds the legislative status quo of the lawyer 's right of presence in the investigation and interrogation process of criminal suspects in China and the necessity of establishing the lawyer 's right of presence.The first part is an overview of China's "Criminal Procedure Law" that has not established the right of lawyers to be present.The second part shows the necessity and practical significance of establishing the right of the lawyer's presence in the process of investigation and interrogation by discussing the problem of insufficient human rights protection in the process of investigation and interrogation.The fourth chapter analyzes the feasibility of establishing the right of lawyers to be present in the investigation and interrogation process of criminal suspects in China,the specific legislative conception and the establishment of related supporting systems.The first part analyzes the feasibility of establishing the lawyer's right to be present,specifically,through the introduction of China's current rule of law environment and practical experience,it is pointed out that China has suitable soil for establishing the right of the lawyer's presence in the investigation and interrogation process.The second part carries on the scientific conception of legislation and the design of specific rights and obligations.The third part proposes that the establishment of the right of the criminal suspect's lawyer in the investigation and interrogation procedures should also improve the corresponding supporting system.
Keywords/Search Tags:lawyer's right to be present, right of defense, investigation and interrogation
PDF Full Text Request
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