Investigation And Interrogation Lawyers Presence System Research

At the Third Plenums of the 18 th CPC Central Committee,it was clearly proposed to give full play to the important role of lawyers in safeguarding the legitimate rights and interests of citizens and legal persons in accordance with the law.The Criminal Procedure Law introduced in 2012 further clarified the defense status of lawyers in the investigation stage.However,so far,the presence system of lawyers in the investigation and interrogation stage has not been promoted in a large range in China,nor has it been clear in legislation.There are also gaps in the relevant guarantee system and supporting measures.In the long-term investigation mode of “confession centrism”in China,the factors such as the large number of cases,high difficulty in handling cases and the direct nature of confession for case investigation prompted investigators to take confession fraud,lure confession,torture and other means to handle cases,leading to the occurrence of a large number of unjust and wrongful cases.Under the huge contrast between the suspects and the investigation organs,it is difficult to truly implement the suspects ' right to defense in the investigation stage.Although the criminal suspect has been given the status of the subject of litigation by the Constitution and law,it is difficult to truly exercise the rights he should enjoy as the subject of litigation.With the further development of procedural justice theory,litigation supervision theory and human rights security theory,the system of leniency for guilty plea,supervision system,supervision system of investigation and audio and video system have gradually exposed deficiencies,and the implementation of the investigation and interrogation system within a reasonable scope has become a legislative choice to realize the socialist rule of law.The progress of investigation and interrogation technology,the enhancement of national legal awareness and the expansion of lawyers also make the practical possibility of building the presence system of investigation and interrogation lawyers in China.The presence of lawyers will transform the single investigation procedure into a confrontation mode between the two sides,promote the reform of the litigation structure in the investigation stage,and truly implement the litigation rights of criminal suspects in the investigation stage.Giving lawyers the right to their presence can increase lawyers' knowledge of case information,improve lawyers' defense ability,and promote the reform of the trial-centered litigation system.This paper analyzed the relevant literature on the concept,origin and function of investigation and interrogation lawyers,demonstrated the theory of procedural justice,litigation supervision system,human rights guarantee theory and illegal evidence exclusion rules,and proposed the legal suggestion of China.