Research On Security Of Investigation And Maintaining Of Lawyers' Rights And Interests

The implementation of the new law of lawyer has been more than a year and a half of time, the new law of lawyer on lawyers acting criminal cases in which enjoys the right, marking, forensics and court made remarks immunity of specific provisions. But this year, more than half of the judicial practice shows that these rights and not as expected get well. Investigation department often worry that the effective safeguard rights lawyer would interfere with the effective detection effect, especially in LiZhuang case, some special across to remove "person" black lawyer exposure phenomenon. Department of judicial practice lawyers investigation, prosecution stage met, marking, forensics exercise such rights are worried. To solve the judicial practice, the author of this part about using investigation methods in order to discover the forms and the roots of rights and interests of lawyers conflict with the rights of investigation department。And on this basis to construct a concept, the safety and security of investigation, surrounding the relationship of the safety and security of investigation and the rights of lawyers, get the conclusion the detection and safety of both rights lawyer is mutual tolerance, guarantee jointly promote relations. Finally the author to better achieve safety and security rights lawyer investigation with case analysis combining with practice in China are put forward in the building of judicial review, relative to silence, right and the necessity of lawyers immunity system and function. The full text is a total of about 35,000 words, composed of three chapters.The first chapter mainly discusses the currency of the rights and interests of Chinese lawyers. From the differences between the new lawyer law and the outdate lawyer law and the reply of the legal working committee of the National People's Congress to Shanghai lawyers to reply and questionnaire survey method, We explore the conflict forms and the origins of conflict of the rights of the investigation and lawyers rights. This second chapter from the Angle of the exercising of the right of the investigation forward reconnaissance security center topics, and in the analysis of the connotation and the factors affecting the safety and detail investigation after the lawyer common purpose and common both theoretical basis, thus both is actually, promote mutual tolerance relation.This chapterⅢfrom how to achieve safety and security rights lawyer investigation of Angle, using data analysis and case analysis method and discusses the construction of judicial review in silence, reconnaissance, lawyers and lawyers immunity system the rationality and feasibility. And finally concluded between the system and the relationship is linked together, all is constructing and perfecting socialist country under the rule of the necessary.