On The Construction Of Lawyer’s Right Of Present In China

Lawyer’s right of presence originated in the United States and developed in other major countries of common law system.After World War II,with the rise of the worldwide human rights protection movement,many countries in the civil law system have also determined the right of lawyers to be present.As an important right of litigation for a criminal suspect,the right of lawyer presence is of great significance for restricting the power of investigation,preventing illegal investigation,achieving procedural justice,ensuring the procedural rights and other legitimate rights and interests of suspect.Due to the influence of history,judicial system and traditional litigation culture,my country’s Criminal Procedure Law pays special attention to the role of public security organs,people’s procuratorates,and people’s courts in punishing crimes.However,the protection of the rights of criminal prosecutors has never been neglected.With the development of my country’s human rights cause,the growth of the awareness of civil rights,the advancement of the construction of a country under the rule of law,and the deepening of the concept of human rights judicial protection,strengthening the protection of the rights of criminal suspects and defendants has become the consensus of the whole society.The new system established by the Criminal Procedure Law,which was revised for the third time in 2018,especially the lawyer’s on-duty system,has raised the protection of the rights of criminal suspects and defendants to an unprecedented level,laying a legal foundation for my country’s system of determining the presence of lawyers;economical Development has provided a solid material guarantee for the construction of the lawyer’s right of presence system;the growth of the lawyer team and the optimization of the overall quality of lawyers have provided talent and intellectual conditions for the establishment of the lawyer’s right of presence system.This article aims to explain the basic legal principles of the lawyer’s presence system,learn from the legislation and practical experience of foreign lawyers’ presence system,analyze the feasibility of constructing my country’s lawyers’ presence system,and on this basis,propose the specific content of the construction of my country’s lawyers’ presence system.This article consists of four parts:The first part:the basic legal principles of the lawyer’s right of presence system.Explain the meaning and nature of the lawyer’s right of presence,the meaning and content of the lawyer’s right of presence system,and explain the value of the lawyer’s right of presence system.The second part:Examine the legislation and practice of lawyers’ presence system in foreign countries.It mainly examines the legislative provisions and practices of the United States,the United Kingdom,Italy,and Japan regarding the right of presence of lawyers.Based on the analysis of foreign legislation and practical experience,it points out the significance of reference for the construction of the right of presence system of lawyers in our country.The third part:the feasibility analysis of constructing our country’s lawyer’s right of presence system.It is demonstrated from the four aspects of political foundation,ideological concept,institutional space and practice foundation,and the team of lawyers that my country has the realistic conditions for constructing a lawyer’s presence system.Part Four:The design of my country’s lawyers’ presence system.Regarding the scope of application of the right of presence of lawyers in our country,the rights and obligations of the presence of lawyers,the operation of the system of presence of lawyers and other aspects,the system design and the improvement of related measures.