| With the development of the criminal defense,the right of criminal suspects and defendants to defense has been gradually attached importance to.This right of defense is of great significance to the perfection of the rights of defense lawyers and the respect of the rights of defendants.With the continuous revision of the criminal procedure law,especially the revision in 2012,the law has summarized the judicial practice experience,further improved the criminal defense system and expanded the rights,the law is still not perfect,lawyers' litigation rights are still not fully guaranteed,these problems need to be improved.This paper starts from the following four parts:The first part Outlines the rights of lawyers in criminal proceedings,introduces the status of lawyers in criminal proceedings and the characteristics of lawyers' rights in criminal proceedings,and expounds the value of lawyers' rights in criminal proceedings from the three aspects of restricting power,protecting rights and maintaining judicial justice.The second part analyzes relevant extraterritorial legislation.Of Anglo-American law system represented by France and Germany national about right of lawyers in criminal proceedings,marking,the right of investigation,the right to present and the relevant provisions of the practicing immunity etc is analyzed,and summarizes the countries outside of defense attorney rights protection.The third part analyzes the present situation of our country's criminal procedure law rights protection and the existing problems,first of all introduced the lawyer in criminal lawsuit rights legislation and the status quo of the duty lawyer's participation,then respectively from inadequate rights allocation and relief mechanism is not sound two aspects analyzes the criminal litigation law problems existing in the protection of the rights.The fourth part puts forward the improvement Suggestions from two aspects of perfecting the relevant laws and perfecting the relief mechanism. |
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