Research On The Justification Of Lawyers’ Involvement In The Investigation Stage Of Job-related Crimes

Since the 18th National Congress of the Communist Party of China(CPC),the CPC has committed itself to a heavy-handed fight against corruption and decontamination,while insisting on deepening the reform of the national supervision system.The implementation of the Supervision Law of the People’s Republic of China and the establishment of the Supervisory Commission meant that the investigative power of the procuratorial authorities over crimes in office was transformed into the investigative power of the supervisory authorities,and the lien system came into being.The back side of the alternation of old and new measures is the unchanged issues involving personal freedom and human rights protection of the pursued person during the investigation.As the most prominent feature of the supervisory investigation procedure,the positive aspect of the closure is to prevent information leakage and guarantee the smooth conduct of the investigation measures,but the exclusion of lawyers’ intervention as a key supervisory measure is also an obstacle to the reform of the supervisory system.The relationship between "punishing crimes" and "protecting human rights" is not antithetical,and lawyers should be allowed to intervene in the supervisory investigation process to provide legal assistance to the prosecuted person.From the perspective of supervision and investigation procedure itself,lawyers’ intervention should be an indispensable part of the investigation procedure;from the perspective of supervision of power,lawyers’ intervention is an important way to supervise the investigation procedure;from the perspective of investigation and evidence collection,lawyers’ intervention is an effective means to regulate the means of investigation and evidence collection and restrict the investigation power of the supervisory organs;from the perspective of safeguarding the rights of the prosecuted,lawyers’ intervention is an effective means to make the basic rights of the prosecuted From the perspective of safeguarding the rights of the prosecuted,the lawyer’s intervention is an effective guarantee to realize the basic rights of the prosecuted and avoid their illegal infringement;from the overall perspective,the lawyer’s intervention in the supervisory investigation procedure can effectively promote the harmonization and unified development of the law.Therefore,the article firstly starts from the existing legal norms to find the normative basis of lawyers’ intervention in the investigation stage of crime in office,among which the convergence of the Criminal Procedure Law and the Supervision Law is the most important.The promulgation of the Supervision Law is the dividing line of whether lawyers can intervene in the supervisory investigation stage,according to which the different lawyers’ intervention system in the investigation stage of duty crimes in different periods and under different legal norms is to draw out the real problems and the causes of the problems.In the process of research,it is found that the system has three major problems: the lack of clear legal provisions,the lack of protection of the rights of the prosecuted and the structural imbalance of power in the public power structure.As well as the three major causes of the difficulty of investigating cases of crime in office,the seriousness of the anti-corruption situation and the insufficient supervision of the supervisory power.On the premise of analyzing the problems and causes and discussing the importance of lawyers’ intervention,we design a path that meets the realistic development needs of China by combining the relevant experience from abroad.Several typical countries and regions of different legal systems are selected for reference.In the design of the path,three aspects are included: reasonable limits,specific contents and remedies.The design of any system should grasp the "degree" and specify the time of lawyers’ intervention and the rights and obligations of lawyers within the "degree".Subsequently,the remedies for the pursued person and the lawyer in case of violation of the specific provisions are set in the last part.