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Economic Analysis of the presence of a lawyer the right to

Author: LiuJianJun
Tutor: QuXin
School: China University of Political Science
Course: Legal
Keywords: Right to the presence of counsel Economic Analysis Perfection of the Law
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 104
Quote: 1
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Abstract


The modification of the 1996 Code of Criminal Procedure expanded to some extent, to defend the rights of criminal suspects, lawyers for legal assistance in the suspects were the first interrogation or coercive measures. Since then, with the acceleration of the process of rule of law, and criminal proceedings is increasingly standardized on the basis, to establish the presence of a lawyer the right to voice getting higher and higher. The presence of a lawyer the right to the presence of the suspect to ensure the full exercise of the rights of the defense, but also to some extent on the balance between the rights allocated in the investigation authorities and the suspect, which build a country ruled by law, in particular, has a crucial importance for the protection of human rights . Unfortunately, the right to the presence of counsel has not been reflected in the newly revised \In this context, the paper out of the cocoon, another way to panic test from the perspective of economic analysis to demonstrate the presence of a lawyer the right to establish the necessity, in order to the presence of a lawyer the right to its rightful place, can be described as \Finally, the idea put forward some immature to initiate the early establishment of lawyers present at the right. This paper is divided into four chapters, about two sixteen thousand words. The first chapter introduces the concept of the right of the presence of counsel, the content and its historical development, Brief Analysis From a legal point of view, the theoretical basis and value basis of its existence. Then, a brief introduction to the main legal system perfect overview of the development of the national presence of a lawyer right, trying to stone hills, you can polish the jade. The second chapter is the basis of this article to demonstrate analysis tools. Through the introduction of the Economic Analysis of Law, the first of its qualitative value, and thus the introduction of transaction costs, maximize, balance and efficiency of the concept on the basis described including the Coase theorem, game theory, Pareto optimality and some economic analysis tools , citing the economic analysis of several point of view, has laid a solid foundation for the analysis below demonstration. The third chapter is the core part of the article. Economic Analysis of ideas along the above, the use of economics tools (mainly the Coase theorem, game theory and the principle of efficiency) and multiple perspectives on the necessity of the presence of a lawyer the right to set up a full demonstration. The fourth chapter is the need to demonstrate on the basis of the development. With the current status quo of our right to the presence of a lawyer, I try to establish from the legislative procedures for protection, as well as the improvement of the system to explore the feasibility and the presence of a lawyer the right to set up.

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