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Analysis of the criminal proceedings in the right of the presence of a lawyer
Author: SunHaoBo
Tutor: LuYang
School: China University of Political Science
Course: Legal
Keywords: Investigation and interrogation stage Lawyer Presence Right System Construction
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 119
Quote: 0
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Abstract
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Still a relatively alien concept in our criminal justice practice the right of the presence of a lawyer , the lawyer of the Code of Criminal Procedure of the investigation stage only provides very limited rights lawyer at this stage can only understand the facts of the case and the charges , met with the parties , to provide legal consulting, agency or complaint , the lawyers at this stage does not yet have the legal defender qualifications . This is extremely detrimental to the maintenance of the rights of criminal suspects , in China 's judicial practice , investigation and interrogation stage is the rights of the suspects are most likely to be violated . Investigative organs in order to better safeguard the legitimate rights of the suspects , effectively curb illegal operations, the introduction of the West at the investigation stage presence of a lawyer right system is a very useful attempt . The concept of this paper is divided into five parts : the first chapter to clarify the right of the presence of a lawyer , the investigation and interrogation , the reason of the presence of a lawyer right system set up to analyze the meaning of the right of the presence of a lawyer and from different angles . The second section describes the provisions of the United Nations and other international agencies and other countries on the right of the presence of a lawyer . From the provisions of the world , we can see that the direction and trend of the development of world democracy and the rule of law , and lessons from countries advanced system beneficial ingredients to provide a reference to China 's Criminal Litigation Reform The third part is the analysis of the process of investigation activities , the judicial status quo , to establish the presence of a lawyer right system the live on Criminal Law and positive significance as well as the obstacles and difficulties that may be encountered in the process of institution-building . The fourth part of the main argument to establish the feasibility of the presence of a lawyer right system , including theoretical support and objective conditions mature . The last part of the arrangements for the presence of a lawyer right system design , and construction of related facilities including the presence of a lawyer , the rights and obligations , as well as the security system can be effectively implemented .
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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