Research On Effective Defense In Investigation Procedure

The "Decision on Several Important Issues Concerning the Comprehensive Advancement of Governing the Country According to Law" reviewed and passed at the Fourth Plenary Session of the 18 th CPC Central Committee determines the direction of China’s judicial reform in the new era.Among them,the most closely related to criminal defense is to promote "investigation centerism" Reform of the litigation system shifting to "judicial centerism".As an important part of the criminal litigation system,the criminal defense system will certainly achieve its own improvement along with the tide of reform.During the entire criminal procedure,the defense problem in the investigation procedure can be described as the biggest stumbling block to the reform of the defense system.At the same time,the significance of ensuring that the criminal suspect is effectively defended by the lawyer during the investigation procedure is no less significant than in other proceedings.In the investigation stage,obtaining a lawyer’s defense can be said to be the sum of all the rights of the criminal suspect,and it ranks first in the criminal procedural structure of the basic rights of the criminal suspect.In recent years,guaranteeing the right of criminal suspects to be effectively defended during the investigation process has also caused widespread concern in the theoretical community.Effective defense during the investigation phase not only meets the requirements of the transition from investigative centralism to judicial centralism in China at this stage,but also meets the basic demands of criminal suspects during the investigative phase.However,in China’s current judicial practice,there are still problems such as low defense rates,difficult defenses,insufficient content of lawyers ’right to defense,and high risk of lawyers’ practice.To this end,it is necessary to improve the quality of defense during the investigation stage,establish a defense quality control system,and be clear and effective.Defense standards and evaluation standards,strengthening the lawyer’s defense right during the investigation stage,and improving related safeguard measures.Analyze the specific meanings of limited defense and the investigation in the investigation process as the theoretical basis for the writing of this article.This article compares the effective defense in a broad sense in the international sense with the effective defense in the narrow sense in the US litigation system,and then draws the specifics of effective defense.The evaluation criteria are followed by an analysis of the necessity of establishing an effective defense system in China,and the significance of the establishment of an effective defense system in the investigation process for China’s advancing "trial-centric" litigation system reform.By examining the relevant systems of the developed countries under the rule of law of the two major legal systems,and improving the effective defense system in China’s investigative procedures in the process of comparison and learning,first of all,we will examine the protection of lawyers’ defense rights in the system design of the United Kingdom and the United States in the common law system.In particular,we focus on the defense rights that have not yet been granted in China’s legislation,examine the positive and negative effects in practice,and then compare them with Germany and France in the civil law system to draw similarities and differences.Finally,we conclude that our country is related to transplantation.The necessity and feasibility of the system.Finally,by combing the factors that may affect the effective defense of criminal suspects in the investigation process in China,this paper mainly discusses the number of defense lawyers in China,the quality of lawyers’ defense,the operation of the right to defense in the investigation process,and the improvement of related supporting measures.Based on the analysis of the problems,and combined with the enlightenment obtained from the extraterritorial inspections above,a set of system designs suitable for the limited defense of criminal suspects in the investigation process of our country is concluded.In summary,based on the experience of extraterritorial feasibility,combined with China’s current legislation and judicial status,it is proposed that the premise of effective defense is to obtain defense,that is,to protect the right of a criminal suspect to obtain a lawyer’s defense in the investigation process.This requires that Give full play to the role of legal aid and duty lawyers,and improve lawyers’ own defense capabilities.Secondly,in the legislation,the lawyer’s defense system in the investigation process should be improved so that the lawyer’s defense right can be exercised in a secure manner.Finally,supporting measures such as granting lawyers’ immunity to practice and effectively introducing an invalid defense system can ensure the effective operation of the defense system.