Research On The Presence Right Of Interrogating Suspect’s Lawyer

As one of the content of the right of defense in criminal proceedings,the right of lawyer’s presence is an important litigation right of criminal suspects,and it is of great significance in protecting the rights of criminal suspects.In recent years,unjust,false and wrong cases have been exposed in our country,and investigation agencies can find out the torture and improper evidence gathering behaviors when interrogating criminal suspects.These illegal behaviors have seriously damaged the legal rights of criminal suspects and damaged judicial credibility.Interrogation is an indispensable link in the criminal investigation procedure.The right of presence of lawyers to interrogate criminal suspects through legislation can effectively supervise and restrict the behavior of investigative agencies.The establishment of the right of presence of lawyers is a practical need for my country’s criminal procedure reform.It is an inevitable move in the development of the era of rule of law.With the continuous advancement of the concept of human rights protection in our country and the maturity of criminal justice conditions,our country has clarified the status of lawyers as defenders in the investigation process in legislation,established a duty lawyer system,and issued relevant statements about signing a confession of guilt and punishing that should have a defense Guidance from the presence of a lawyer or attorney on duty.In practice,many experiments have been carried out on the presence of lawyers.Although the current law does not provide for the presence of lawyers,these legislative amendments and practical conditions have provided realistic possibilities for the construction of the presence of lawyers in my country.This article takes the presence of lawyers on criminal suspects in the investigation stage as the research object,and aims to conduct theoretically in-depth and practical research,so that it will no longer stay in the theoretical and pilot stages,and vigorously promote the presence of lawyers at the legislative and practical levels in my country.Process.First of all,this article comprehensively understands the concept of lawyers’presence rights from the four aspects of the meaning,nature,rights subject and content,and development history of the lawyer’s presence rights,and then discusses the necessity of establishing the presence rights of lawyers in my country,mainly from the theoretical basis And the value of litigation.At the same time,on the basis of analyzing the existing basis and feasibility of lawyers’ presence rights,and by comparing and analyzing relevant laws and regulations and judicial practices of major countries outside the territory,we summarized the enlightenment and experience that can be used for reference.It is concluded that my country has the right to establish lawyers’ presence.Condition this conclusion.Finally,based on the practice of the rule of law in my country,basic ideas for the construction of the right of presence of lawyers in our country are proposed,including the scope of application of the right of lawyers,the exercise method,the reform of the investigation procedure,and the relevant supporting measures and guarantee systems for the effective implementation of the right of lawyers.It depicts the concrete realization path of the presence of lawyers to interrogate criminal suspects in our country,strengthens the protection of the legal rights of criminal suspects to the greatest extent,realizes substantive justice and maintains judicial justice.