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Our defense Lawyer right to restricted

Author: XuXianLong
Tutor: WangHaiYan
School: China University of Political Science
Course: Legal
Keywords: Rights as defined in Problems and hazards Countermeasures interpretation System Construction
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 189
Quote: 1
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Abstract


Defense counsel, marking the right is a lawyer defended the right of the important composition part, defense lawyers fully understand the merits, effectively exercise the right to defense has an important role, countries around the world are very great importance to lawyers marking the right of the defense system of protection and the formation of some of the world consensus on sexual generic criteria. But our defense lawyers marking the right is subject to many constraints in the legal aspects of real practice. Previously modified in the 1996 Criminal Procedure Law of the People's Republic of China, breaking the restrictions on the right to Defense Attorneys legal bottlenecks amendments to the Lawyers Law of the People's Republic of China, no doubt sent a strong signal, namely the Code of Criminal Procedure \Deficiencies due to the imperfections of the special circumstances of our counsel and the rule of law, lawyers, investigation and evidence gathering capabilities, and therefore defense Lawyer rights restricted by the problem of the Code of Criminal Procedure, changes must be resolved, how to modify the Code of Criminal Procedure \The opportunity to construct Chinese characteristics, defense lawyers marking the right system, the article will be described. This article is divided into three chapters. The first chapter of defense Lawyer rights problems and the threats posed by hazards. Whether the 1979 Code of Criminal Procedure, the Code of Criminal Procedure of 1996, or 2007 as amended Lawyers Law, the provisions and safeguards of the scoring right to have many problems; Defense Attorneys rights restricted not conducive to the defense counsel to fully exercise their right of defense to protect the suspect, the legitimate rights of the defendant, is not conducive to the reform of China's trial mode, is not conducive to the procuratorial organs of the review against the formation of the restraint and supervision, is not conducive to resource conservation of our litigation and litigation efficiency . Chapter II of Defense Attorneys rights, limited analysis and interpretation through the perspective of comparative law at home and abroad already countermeasures. Defense Attorneys rights restricted by the legal level and institutional level has its roots; foreign rule of law developed in the building process of the rule of law is also facing this problem, the formation of problem solving under the terms of reference 'mode and the mode of antagonism, France, Germany and the Anglo-American system of reference. The third chapter in the universal standard for the protection of defense lawyers marking the right with the world consensus on the basis of the analysis of the theoretical basis for marking the right analytical construct to find the coordinates for the system in China; and on this basis absorb Germany advanced in the investigation stage, according to China's national conditions through borrowed in the prosecution phase of the common law of evidence to demonstrate the system and the construction of the introduction of the French model of Defense Attorneys rights system with Chinese characteristics at the trial stage.

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