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

First of all,this paper clarifies the background and significance of re exploring the right of defense of lawyers in the investigation stage.The purpose of the reform of the litigation system centered on trial is to change the litigation structure centered on investigation and establish the litigation structure centered on trial.In this process,the court trial substantiation is the key to the reform process.The Supreme People’s court has promulgated "three rules" to effectively implement the substantiation of the court trial.A remarkable feature of the substantiation of the court trial is that in the process of the court trial,the accuser and the defender confront equally under the auspices of the court.Therefore,it is particularly important to strengthen the rights of defenders,especially in the relatively weak investigation stage.Secondly,in order to meet the requirements of trial centered reform,this paper puts forward the content of lawyers’ rights in the investigation stage.It includes the establishment of lawyers’ right to be present,the discussion of the nature and status of lawyers on duty as well as the content of their rights,the right of lawyers to meet and communicate,and the right of investigation and evidence collection.At the same time,the author points out the problems of the above rights in the current practice.Thirdly,this paper analyzes the reasons for the lack of lawyer’s rights from the aspects of investigation concept,criminal litigation structure and principle,and analyzes the origin of the lack of lawyer’s rights from the aspects of legislation,justice and law enforcement.At the same time,it compares the characteristics of lawyer’s rights in other countries in the investigation stage,discusses the feasibility and development path of the above rights in China based on the author’s personal experience in practice,and puts forward reform measures and suggestions in line with the development direction of lawyer’s rights.Finally,the system is put forward for the improvement suggestions,and the safeguard measures to ensure the implementation of the recommendations are put forward.It includes: combining the Internet,big data and other technologies,the study of smart police is put forward to improve the ability of investigators.Internet plus technology enables every police to receive the best quality training,increase the use of science and technology,and improve intelligence collection.High efficiency of investigators.Lawyers should also standardize their practice,promote the online appointment and interview queuing system,promote local reform,unify applicable standards,and optimize the queuing time;improve their professional ability through centralized and unified employment training,and establish the corresponding occupational exemption system.Hope that through these measures to improve the protection system of lawyers’ right to defense in the investigation stage.