Research On Lawyers’ Advocacy In The Arrest Process

The arrest opposes the basic constitutional rights of law enforcement to force deprivation of individual liberty.That is,the prosecution must make an arrest decision and adhere to legal procedures to protect criminals.The suspect’s personal freedom and criminal liability for prosecution in the same position.The Code of Criminal Procedure 2012 clarifies the right of lawyers to participate in legal examination and approval procedures,and has since been continuously improved with the development of practice,and is a solid law for lawyers to submit their opinions.We offer a warranty.This measure broadens the path for prosecutors to obtain case information,provides a comprehensive understanding of the case,makes objective and fair arrest decisions,and effectively oversees public security agency investigative behavior.Useful.Traditional review.However,there are many problems with system implementation,so it is necessary to analyze the specific reasons from the problems and propose targeted measures to improve the system.This paper is divided into four parts:The first part is an introduction to the basic situation of a lawyer’s defense in the examination and approval of arrests.Begins with the implications of a lawyer’s defense in the process of investigating and approving an arrest,it focuses on the specific time period after the public security organ requests the arrest and before the procuratorial organ makes the arrest decision.Then it discusses the development process of the system,which is divided into three stages from lack to perfection.The missing stage is before the promulgation of the Criminal Procedure Law in 2012,the defense lawyers lack independent legal status and do not enjoy a clear right to participate in the process of approval and arrest.The second stage is the development stage.After the promulgation of the Criminal Procedure Law in 2012,the participation right of defense lawyers in the arrest stage has been legally guaranteed and gradually has an independent legal status.In the last stage of improvement,the Supreme People’s Procuratorate issued the Rules for Higher Procuratorate and made detailed provisions.The implementation of the legal aid system and the on-duty lawyer system realized the full coverage of legal assistance.In addition,the condition of social risk is the core of the arrest requirements,and the judgment of social risk should consider the circumstances of admission of guilt,so the system of leniency of admission of guilt is intrinsically related to the examination and approval of arrest,and the participation of lawyers is of great significance to the implementation of this system.The second part discusses the present situation and existing problems of lawyers’ defense in the process of examining and approving arrest.By referring to literature materials,work reports of relevant organs and empirical data of research teams,the paper discusses the status quo from four aspects: the basic situation of lawyers’ participation in the approval of arrest procedures,the adoption of lawyers’ opinions by procuratorial organs,the main contents of lawyers’ opinions and the arrest rate in cases of guilty plea.By sorting out the current situation,the problems of lawyers’ defense in the process of examination and approval of arrest are concluded,which mainly include the low proportion of lawyers’ participation in the stage of examination and approval of arrest,the influence of lawyers’ participation on the arrest decision is not great,the quality of lawyers’ defense opinions is not high,and the arrest rate in the case of guilty plea is high.The third part analyzes the reasons for the problems of lawyers’ defense in the process of examining and approving arrest.From different perspectives,this paper mainly analyzes the deep-seated reasons for the problems around the subject analysis.On the one hand,the legal provisions of lawyers’ participation in the approval procedure are not detailed enough at the legislative level and the protection of lawyers’ entity rights is not in place.On the other hand,the public security organs and procuratorial organs do not agree with the lawyer’s participation in the review and approval of the arrest procedure and do not pay enough attention to the guilty plea of the suspect in the case of guilty punishment.Through the analysis of all aspects of the reasons for the review and approval of the arrest link lawyer defense recommendations.The fourth part is the perfection of the lawyer’s defense in the examination and approval of arrest,which is also the most important part of this paper.In view of the problems and reasons of the lawyer’s defense in the process of examining and approving arrest,this paper puts forward some countermeasures to improve it.First,create detailed regulations regarding the participation of lawyers in all aspects of the review and approval process.Establish a notification procedure centered on public security agencies,clarify the scope of cases where the opinions of lawyers can be heard,and standardize the procedures for submitting the opinions of lawyers from the viewpoint of submission time,submission form,and submission method.Opinion receiving department;Second,the substantive rights of defense lawyers should be guaranteed.Entrust lawyers with the right to review papers at the arrest stage,strengthen the defense lawyers’ right to investigate and collect evidence,and expand the defense lawyers’ relief measures when there is a dispute about the arrest;Third,establish and improve relevant mechanisms to promote the effective adoption of lawyers’ opinions.It clarifies the procedure of examining and handling lawyers’ opinions by procuratorial organs,constructs the feedback mechanism of lawyers’ opinions and establishes the hearing procedure of approving arrest in accordance with China’s judicial environment.The fourth is to perfect the supporting measures of the lawyer’s defense in the process of approving the arrest,including the reconstruction of the relationship between the examination and approval of the arrest and the further improvement of the legal aid system.