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The Study on the Right of Lawyers-on-site in Investigation and Interrogation.

Author: ZhangSiSi
Tutor: SunJianMing
School: East China University of Political Science
Course: Procedural Law
Keywords: Lawyer Presence Right Investigation and Interrogation Right to silence Right to defense
CLC: D926.5
Type: Master's thesis
Year: 2010
Downloads: 156
Quote: 0
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Abstract


China revised in 1996 , \2007 , the new Law on Lawyers time again in advance of the lawyers involved in the criminal proceedings . Legislative adjustment is intended to safeguard the legitimate rights and interests of criminal suspects , however, the lack of the presence of a lawyer the right to make provision did not play its due role in the judicial practice , torture and other violations of still occur and despite repeated prohibitions . From the legal basis for the analysis of the presence of a lawyer the right to start in the combined foreign experience and the reality of China 's national conditions on the basis of some of the recommendations put forward to establish the presence of a lawyer the right to rule in our thinking and related issues . This paper is divided into four chapters , more than two thousand 32,000 words . The first chapter introduces the concept and content of the right of the presence of a lawyer , the legal basis of the right of the presence of a lawyer from the theory and powers of the prosecution and the defense theory of equality , the program main constraints theory analysis . The second chapter is to elaborate on some countries of China and the extraterritorial legislation . Analysis of legislation on the improvement and the lack of experience for reference , for the introduction of legislation in the different countries between common law and civil law at the same time , for the right to the establishment of our investigation and interrogation process in the presence of counsel . The third chapter is the analysis of the feasibility of establishing the rules of investigation and interrogation lawyer present rights in our country . Focuses Lawyer Presence Right rules of investigation and interrogation value and that the rules of the absence of reasons , from fortified defense function , inhibition of torture, to reduce the angle retracted in court highlights the significance and practical efficacy of the presence of a lawyer the right to . Chapter specific planning and thinking for the presence of a lawyer the right to rule . A preliminary idea of ??a series of questions of the time , the scope of investigation and interrogation lawyer present , the content of rights , exceptions , and supporting systems , pointed out that the rules currently established in our country should take the way to go step by step , gradually line up reform .

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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