The Right Of The Investigation Stage Of The Presence Of Counsel And Limitation

It is an very important system that Counsel access to suspects.With the exercise of the right of the meeting of counsel,defense functions of the criminal litigation of education and fruition,wich is guided and promoted,meawhile, it safeguard Structure of the criminal litigation,proceedings and human rights,which became reasonable. From the practical point of view, the exercise of the right of the meeting of counsel is so difficult that it has long been known as one of"five difficulty",which include five kings of highlight difficulties of the criminal defense of the counsel .Particularly with regard to the right of the investigation stage of the meeting of counsel,Because of the unique value for the suspects,it becomes the base point of the system of the criminal defense. Unfortunately,under the litigation mode of super authority principle that is used by our country currently,this is a kind of the right without relieving ,just as a rubber check,which is shelved far away .Judicial practice, as the implementation of the right to meet with a lawyer, can not be the real start of the main lawyers met with the program can only be met with claims made, the real subject is the investigating authorities, lawyers met with the investigating authorities are designed to be a right arrangement behavior.The right to a large extent, dependent traditional concept of crime control and administration of criminal justice investigation model exists. This is the current difficulties of the meeting which knot disease, but also the system of implicit and lawyers met with paradox. Therefore, this article analyzes the configuration of the investigation stage elements lawyer, met with the difficult situation and to explore the causes of the investigation stage to introduce the concept of lawyers met with limited degree, in the "relatively reasonable doctrine" theory under the guidance of lawyers met with the right to make the investigation stage "relatively reasonable" limits.Paper is divided into four parts, a total of four thousand words.Chapter 1 introduce the basic theory of the lawyer's right to meet in the investigation stage related concepts were discussed. Depth analysis of the value of the pursuit of law, criminal investigation and litigation tectonic structure model, and other macro factors ,which have the relationship with the introduction of the concept of limited degree,comprehensive evaluation of the role of macroeconomic factors, to match Regulation of lawyers met the specific arrangements for the right to lay a theoretical foundation.Chapter 2 introduce the lawyers met with the investigation stage right legislation and judicial practice discussed. Through in-depth analysis of domestic and international lawyer at the investigation stage right to the relevant legislation and judicial practice, compared to chinese legislation and international standards, the gap between the reference system of extraterritorial lawyer experience in setting technology.Chapter 3 introduce the protection of the right of the investigation stage of the lawyers met to think and imagine. By constructing Model, the investigation stage of our current lawyer right system for accurate positioning. Combined with international trends, with relatively reasonable doctrine as a guide, the default country for a long period of time the investigation stage of the lawyers met with limited degree of direction. Thus establishing the corresponding specific system settings.Chapter 4 is a summary of the thesis,reiterated my idea, the investigation stage of our country's lawyers met with the right settings, it should be fully dialectical view, it is necessary to fully understand the positive side of right lawyer, but also see its relative , the negative side; it is necessary to meet the modern trend of the rule of law, we must take full account the of national conditions and public sentiment, criminal policy, learn from foreign legislative and judicial practice in essence, to grasp the current value of the pursuit of "relative reasonableness doctrine" theory, the human rights protection and crime placed at both ends of the balance control, calm and pragmatic measure of the most accurate target.