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Investigation stage, the right to counsel of relief

Author: WangKeChuan
Tutor: ZhengXu
School: China University of Political Science
Course: Procedural Law
Keywords: The right to counsel Relief Procedural justice Evidence exclusion rules Action and the act is invalid
CLC: D925.2
Type: Master's thesis
Year: 2006
Downloads: 195
Quote: 1
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Abstract


Revised 1996 of the Code of Criminal Procedure , the suspect in the investigation stage can get lawyers legal help, but can not get a lawyer . Of constitutional amendment in 2004 , an increase of \This paper compares the national investigative stage of criminal suspects lawyers the right to defense protection and relief the similarities and differences , and expounded the investigation stage of protection and relief of the necessity and the idea of ​​the basis of the suspects lawyer defended the right analysis of the countries in the investigation stage of criminal suspects protection and relief , the right to counsel and to put forward concrete proposals to improve the investigation stage suspects access to lawyers braided retaining the right . In architecture , the paper is divided into four parts. The first part introduces compare an overview of the relevant national criminal investigation phase of criminal suspects the right to counsel protection and relief . In this section, the author describes the common law, civil law countries the investigation stage of criminal suspects the right to counsel protection and relief profiles at the same time , from the similarities and differences of the different emphasis on the protection of the rights of the defense lawyer of the suspects of the investigation stage and relief were analyzed. The authors believe that , due to the historical traditions of the world , the legal culture , which is different the Criminal Investigation defense mode . China should absorb the the Two Schools litigation theory of reasonable factors completely changed our litigation values ​​, reform of the criminal justice system , to strengthen the protection of human rights of the suspects as soon as possible legislation to improve the protection and relief system of the investigative stage of criminal suspects the right to counsel . The second part describes the investigation stage in China suspects the right to counsel to protect and save

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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