Research On The Right To Defense Of Lawyers In The Investigation Stage

Due to the influence of the litigation mode and the lawsuit value of the traditional Chinese power,the legislation ignores the guarantee of the human rights of the suspect,while the defense lawyer is in a dispensable position.Although 2012 years of the right to defence on part of the revised criminal procedure law perfected the lawyer,but there are still many problems in legislation and practice level,especially serious bribery case met with obstacles,such as the right of investigation are not clear,relief mechanism is not sound,etc.,so the author by analyzing the status quo of legislation and judicature in our country draw lessons from countries outside the legislative experience,in view of the problems existing in the exercise of the right to defend lawyer proposed the solution.This paper is divided into four parts:The first part introduces the basic content of lawyer’s defense right in the investigation stage.Under the influence of values and legal structure,defense lawyers by the past become a mere formality to force the prosecuting and defending parties gradually balanced effective defense transformation,and in the human rights protection of the right to defence on part of the lawyer,the presumption of innocence and has been gradually developing under the guidance of the concept of procedural justice.In the second part,the author introduces the provisions of the current law and the existing problems in the judicial practice.To the evolution of lawyers to defend a clear display,this paper creatively and code of criminal procedure in the form of a table,comparing the provisions of a lawyer to defend the table we can see our lawyers to defend in investigation phase is expanded and perfected.At the same time,we should also see that there are still some problems in the legislation and the judicial system.The presence of "looking good" lawyers is not the right thing to do in the present;The procuratorial organ still has the problem of lack of rigidity in the relief of lawyer’s right of defense.At the practical level,the investigation authorities restrict the situation of lawyers’ meeting,and the difficult questions remain,the right to know and the right to put forward the right of defense are not taken seriously.The third part introduces the provisions and exercise of the defense right of lawyers in the investigation stage.Foreign countries have relatively perfect rules for the defense of lawyers.However,due to a number of factors,lawyers’ self-investigation and evidence right and right of presence are not fully exercised.In the fourth part,the author puts forward some concrete ideas about the improvement of lawyer’s right of defense.Strengthening the construction of legal professional community is a fundamental way to protect the right of lawyer’s defense,and it is necessary to improve the relevant legislation and supporting system.The meeting of special major bribery cases should be carried out in accordance with the existing problems in practice.It is suggested to use the entrusted investigation and evidence collection mode to give the lawyer the coercive force to get the evidence.By analyzing the rules of the countries outside and exercise,the author thinks that it is not appropriate in China to establish a right to a lawyer present,but with the development of the rule of law and the number of lawyers and improvement of quality,the establishment of right to present is inevitable.At the same time,in order to better protect the rights of lawyers,it is necessary to improve the relief system and establish the legal immunity of lawyers.