A Stady On The Procedure Of Defense Laywer Participainting In The Examination And Approval Of Arrest

Arrest is a measure taken by public authority of the state to punish crimes,to completely deprive the personal freedom of the criminal suspects and detain them in specific places.In order to ensure the follow-up prosecution and trial proceedings.Arrest is regarded as one of the most severe compulsory measures in criminal procedure.Based on the current construction of criminal justice system in China,the process of examination and approval of arrest is roughly as follows: investigative organization put forward arrest opinions or the internal investigation department of the procuratorate sent a report and the internal special department of the procuratorate decided whether to arrest or not.Therefore,the Procuratorate's decision is the key point for the criminal case,it has become normal that the suspects can hardly escape from the criminal procedure after arrested.In the judicial practice the problem of high arrest rate has existed for a long time.High arrest rate inevitably leads to serious human rights violations.In the context of the construction of a socialist country ruled by law,human rights protection should also be paid attention to in the review of arrest procedures.According to the criminal procedure law,when the people's Procuratorate approves the arrest,it may interrogate the criminal suspect,the witness and other participants in the proceedings,and listen to the opinions of the defense lawyer.However,in practice,the legal knowledge of the suspects,witnesses and other litigation participants is limited,especially the suspects are not able to conduct effective self-defense,and it is often impossible to put forward professional opinions on review andarrest at the legal level.In order to implement human rights protection,lawyers with professional knowledge and rich experience are indispensable.In the<criminal procedure law> of 2012,it is clear that defense lawyers can put forward opinions on examination and arrest.In the investigation stage,the lawyer's right to defense is limited,and the right to investigate and collect evidence is relatively vague.First,when? Most lawyers can't make a correct judgment,put forward opinions on examination and approval of arrest is often not timely.Secondly,because of the lack of information of the specific situation of case,the opinion of not arrest is not adopted.Thirdly,even if lawyers can put forward relatively useful defense opinions,procuratorial organs often do not carefully review the opinions of defense lawyers.All of these make it difficult for lawyers to play their role as defenders of criminal suspects in the stage of examination and arrest.The main purpose of this paper is to try to improve the system of giving defense lawyers the right to review papers,making clear the exercise of investigation and evidence collection,so as to ensure that defense lawyers can understand the real situation of the case,put forward effective defense opinions,and protect of human rights of criminal suspects.