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The investigation stage Lawyer investigation and evidence collection Right of

Author: WenJuan
Tutor: ZhengXu
School: China University of Political Science
Course: Procedural Law
Keywords: Investigation and evidence collection Investigation stage Lawyer Criminal suit
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 116
Quote: 0
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Abstract


China's Criminal Procedure stipulates a lawyer appointed by the suspect in the investigation stage, enjoy the right to investigate and collect evidence, new \stage whether counsel enjoy the right to investigate and collect evidence, the legislation is ambiguous, whether lawyers should be clearly defined in the Code of Criminal Procedure in the investigation stage, the right of investigation and evidence collection, still a controversial topic. On the basis of many scholars, the point of view of different scholars comprehensive comparative analysis, further analysis of the related issues of the right to investigate and collect evidence on the investigation stage, lawyers of the Code of Criminal Procedure should be clear that the lawyers in the investigation stage enjoy the right to investigate and collect evidence, but it should be strictly defined the concept of the investigative phase of lawyers right to investigate and collect evidence, narrow lawyer within the scope of investigation and evidence collection rights should be based on a different survey, the rational allocation of rights and obligations. On the basis of the necessity and theoretical feasibility investigation stage given the right to investigate and collect evidence of the lawyer, try given the lawyers right to investigate and collect evidence on the investigation stage of the design of the system, and illustrate its practical feasibility. The text of this paper five parts, four million words. The introductory part on the research status quo of the right to investigate and collect evidence of the investigation stage lawyers, scholars focus of controversy summarized, the starting point of this writing, the purpose of writing as well as the core ideas. The first part, Overview the investigation stage Lawyer right to investigate and collect evidence. Lawyers investigation stage of investigation and evidence collection right concept definition and analysis of its characteristics, the nature, source. Pointed out that the lawyers in the investigation stage right to investigate and collect evidence in this article refers to lawyers commissioned by the suspects in the investigation stage of the criminal proceedings enjoyed by the relevant units and individuals, places visited surveys to gather case evidence and are conducive to crime suspects the right of the material. The second part of the situation and reason. This section focuses on the domestic and foreign counsel, the status of the investigation and evidence collection rights on the investigation stage and the analysis of the reason why no legislation specifically conferred by the investigation stage right to legal investigation and evidence collection. Criminal Law in China does not require a lawyer's right to investigate and collect evidence in the investigation stage, lawyers investigation and evidence collection provisions of the new Law on Lawyers in the academic controversy, it is difficult to ascertain given the lawyer the right to investigate and collect evidence in the investigation stage, so the status quo is the legislation more vague, and even can be said that the legislation does not clearly defined. The author's focus on the analysis of the reasons for this situation, pointed out that the legislation does not explicitly given to lawyers in the investigation stage of investigation and evidence collection right main reason is that the investigative organs of lawyers extreme distrust, long-term autocratic ideology and rejecting binary investigation mechanism investigation stage of the particularity of the lawmakers must be the interests of the measure that is between careful consideration in the identification of crime and the protection of the rights of criminal suspects. The third part in our country, to give lawyers the need for investigation and evidence collection right analysis of the investigation stage. This section the necessary preparations for the inevitable requirement for the protection of the legitimate rights and interests of the suspects from the to improve procedural suspects principal position to achieve an effective defense principle, objective and comprehensive investigation stage to collect evidence, found the necessary complement with real cases in terms of the given investigation stage of legal investigation and evidence collection right necessity. Feasibility Analysis of Part IV, giving the investigation stage lawyers right to investigate and collect evidence of the theory. In general, to discuss the feasibility of a provision from the two aspects of the theory and practice analysis, because the practical feasibility depends on the specific design of the system, so in this section, the author mainly analyzes given the right to investigate and collect evidence of the lawyer theory feasibility. Its practical feasibility in the fifth part of the system design together. The fifth part, the investigation stage Lawyer right to investigate and collect evidence the system design and feasibility instructions. Lawyers give the investigation stage right to investigate and collect evidence not just involve lawyers the question of the rights of the individual nature of the right to require that the system must be protected. I believe that during the design of the system should be the relationship between the rights and obligations of the lawyers involved in the right to investigate and collect evidence in the investigation stage. Neither the purpose of the protection of the rights of the blind heavier the behavior relative square obligations, can not be too much emphasis on individual rights and freedoms to the neglect of its responsibilities to society obligations and thus overhead lawyers the right of investigation and evidence collection. Based on this consideration, I believe that the survey should be based on the survey of different rules. While the right to investigate and collect evidence from the investigation stage, lawyers conferring of rights, the scope of the right to exercise the rights of relief as a system of rights system design, specific legislative proposals.

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