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Research on teh Reading Files Right of Defense Lawyer

Author: ZhangHuiXing
Tutor: XuLanTing
School: China University of Political Science
Course: Procedural Law
Keywords: Defense lawyers Marking the right Perfect
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 156
Quote: 0
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Abstract


In criminal proceedings, the defense lawyer for the protection of suspects, the interests of the defendant, an immeasurable role. The entry point to start the defense of the defense counsel is usually the facts of the crime and the law. Have access to the case file and the defense attorney about the facts of the crime, and then to find the basis and prerequisite of the relevant applicable law. However, in our current judicial practice, scoring is difficult but it is a major problem that plagued the defense counsel. Defense Lawyers right law originally it will limit the scope of defense counsel to examine the case files within a small range, but the books do not provide the judiciary even this very limited range of a defense lawyer to consult. In front of the court, the defense lawyer can not understand the whole case has not mastered the evidence in favor of the suspect, the defendant, therefore, can not comply fully with the defense function, to protect the legitimate rights and interests of criminal suspects, the accused. The Defense Lawyers system in criminal defense and did not play its due role. With the growing calls for the protection of human rights, improve our Defense Lawyers system is imperative to protect the right to Defense Lawyers. Based on this, the author of the protection of the right to Defense Lawyers value analysis, combined with our legislative, judicial status quo, while drawing on the Two Legal provisions on marking the right, then put forward recommendations to improve our Defense Lawyers system. The text of this paper is divided into six parts. The first part is an overview of the scoring right, mainly elaborated the comprehensive protection defense lawyer marking the significance of the right. The second part of the analysis of the origin of the difficulty of Defense Lawyers. The third and fourth sections describe each of the legislative and judicial rights of Defense Lawyers in China the status quo. The fifth part of the provisions of the rights of the Two Schools major countries scoring introduced. The first analysis of the text and discussed the basis and principles of Criminal learn from of Two Schools countries legislative outcomes and judicial successful experience in the sixth part, I made recommendations to improve our Defense Lawyers rights. I believe that, improve our Defense Lawyers rights efforts from the following aspects: the concept of reform of litigation; Defense Lawyers rights given to the investigation stage; clearly defined scoring range of defense lawyers in the prosecution phase and the trial phase can give defense lawyers a comprehensive Marking rights; to build Defense Lawyers rights protection mechanism to ensure that defense lawyers can effectively exercise marking the right; same time, positive evidence presentation system attempts to explore the best mode to achieve our Defense Lawyers rights. I believe, With the further advancement of China's judicial reform, procedural justice, fair trial litigation philosophy is gradually taking root Defense Lawyers in China right system will be more complete, and gradually move towards the prosecution and the defense against the ideal state of equality, so as to realize the protection human rights and the fair administration of justice.

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