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The Localization Of Lawyer's Presence System

Posted on:2021-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z C LiuFull Text:PDF
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From the perspective of legislation in many countries around the world,lawyer's presence system has been implemented in many countries,but due to the differences in historical tradition and cultural background,the emphasis on due process and investigation efficiency is different,but even if there are differences in the connotation and extension of lawyer's presence system in various countries,it can't erase the great universality of this system.Especially in the 20 th century,the second world After the world war,with the development of the concept of human rights protection,it has become a very important principle of international law to respect and protect human rights.How to protect the legitimate rights and interests of citizens from being infringed in investigation activities is an important part of the proposition of protecting human rights.However,in the process of criminal proceedings,the exercise of investigation rights,especially the enforcement of compulsory investigation acts,will often The interference of constitutional fundamental rights of citizens,the closeness of procedures and the secrecy of investigation activities provide some conveniences for some investigators to interrogate well-known and infringing human rights.The occurrence of extorting confessions by torture often leads to unjust cases,which is a double destruction of procedural justice and reality.The application of lawyer's presence system can play a supervisory role in the investigation power,prevent the abuse of investigation power,protect the legitimate rights and interests of suspects and defendants from infringement,and conform to the value pursuit of respecting and protecting human rights.Under the background of the continuous advancement of judicial reform centered on trial,it is required to curb the production of illegal evidence from the source,which puts forward higher requirements for the investigation and interrogation system.The system of lawyer's presence can endow the suspect with the right to compete with the investigation organ in interrogation,supervise the procedure legality of the investigation organ,and prevent the illegal behavior of extorting confession by torture.With the development of theory and practice,and the change of the condition and background of system realization,the establishment of lawyer's presence system has a new chance in our country.This paper is divided into five parts.The first part introduces the concept and content of the lawyer's presence system,as well as the theoretical foundation of the construction of the lawyer's presence system.The second part introduces the content of the lawyer's presence system in foreign countries.Through the study of the lawyer's presence system in the United States,France,Britain and Italy,it summarizes the Enlightenment of this system to our country.The third part expounds the obstacles to the construction of lawyer's right to be present.The fourth part discusses the necessity and feasibility of the localization of lawyer's presence system.The fifth part is the key part of this paper,and puts forward the specific path of the localization construction of lawyer's right to be present.
Keywords/Search Tags:Lawyer's Presence System, Investigation Power, Prosecution and Defense Equal, Protection of Human Rights
PDF Full Text Request
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