Survey Report On Legal Aid During The Criminal Investigation

In order to safeguard the legitimate rights and interests of criminal suspects,criminal legal aid system came into being.Until now,China's criminal legal aid system has been more standardized.However,compared with other countries,China's legal aid system started late,it still belongs to a newer system,the provisions are not mature enough,and there are still some gaps in other countries.The initiation of the criminal legal aid system in our country mainly includes three stages: one is the investigation stage;the second is the stage of the examination and prosecution;the third is the trial stage.The new "Code of Criminal Procedure" advanced legal aid from the trial stage to the investigation stage,this initiative is of great significance.On the one hand,from the judicial point of view,the criminal legal aid system from the trial stage ahead to the investigation phase of the necessity of the following: One is to enable lawyers to participate more quickly in the case,to collect relevant evidence;Second,the case of the parties can be more early and more timely to meet the aid lawyers,and then fully informed the case;Thirdly,for the judiciary,the establishment of legal assistance in the investigation stage,highlighting the justice of justice,especially procedural justice.But on the other hand,we should also recognize the shortcomings of this system,such as the practice of investigators to exclude lawyers early intervention in the investigation phase of legal aid..The author believes that the criminal legal aid system in order to be perfect and give full play to its role,it must go through the test of judicial practice.Therefore,this paper mainly discusses the shortcomings of the criminal legal aid system in the specific stage of investigation in our country,analyzes the causes of the problems and puts forward some suggestions on how to improve and solve the problems in the implementation of the criminal legal aid system.This article mainly includes three parts: introduction,text and conclusion.The text is divided into three parts :First part,On the whole to take empirical research to collect data and information,specifically divided into three areas: The first aspect,to the sample area aid agencies to collect the suspects to consult the legal aid situation,and then visit the form to the sample area of the public security organs to understand whether 50 investigators are excluded from the legal aid involved in the investigation phase;In the second aspect,according to the data received by the sample area aid agencies in recent years on legal aid and closed cases,Statistics the degree of education of the recipient,Percentage of cases of legal aid in the investigation phase,The main body,the way,the stage of the commencement of legal aid and the number of aid lawyers;The third aspect,the investigation of the suspects and lawyers in the sample area,Including the satisfaction of the criminal suspects in legal aid work,counsel for legal aid for lawyers and Lawyers' evaluation of the effectiveness of aid cases?The second part,Mainly in the first part of the empirical research data to support,From the observation and summary of the investigation phase of the legal aid system in the practice of the problems and shortcomings,including the investigating authorities,legal and policy issues,as well as lawyers and criminal suspects And make a rational analysis of the causes of the problem.The third part,Based on the analysis of the second part,that is,the problems and causes of the legal aid system in the current investigation stage,combined with the relevant data of empirical research.From the investigation organs,legal protection,criminal suspects and lawyers rights and interests of several aspects of improving our investigation stage of legal aid system recommendations.