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The Research of the Protection of Defense Right

Author: ZhangLiNa
Tutor: WanYi
School: Shanghai Jiaotong University
Course: Legal
Keywords: criminal case defense attorney right to a criminal defense attorney reading file rights defendant meeting evidence collection
CLC: D926.5
Type: Master's thesis
Year: 2008
Downloads: 141
Quote: 0
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Abstract


The right to defense is a fundamental right the criminal defense attorney taken, in representing of the defendant, during the legal process. It is the assurance of implementing the justice in legal process yet the necessity of finding out the truth. Through only guaranteeing the defense right and improving associated legal procedures, can we truly realize the justice and to protect and maximize the defendant’s legal interests. Case file reviewing, meeting with defendant, and evidence collecting are the three major functions the criminal defense attorney serves throughout the legal process. However, over a long time, in many criminal cases nowadays in our nation, the attorney’s work to fulfill the defense right has been ignored and failed in execution. The legislations restricted the defense attorney’s work in many aspects such as the range of evidence collecting, meeting with the defendant, and investigating method and time, thus make the attorney’s work difficulty and risky. Although recently published Law of the People’s Republic of China on Lawyers conducted great efforts to solve these problems, it is yet not able to guarantee the protection of defense right ultimately. Therefore, the thesis aims to find solutions of above stated problems through researches on the three major functions of defense attorney, reading file rights, defendant meeting, and evidence collecting. Both theoretically and practically, the research would make certain significance by discussing and researching in present legal realities, difficulties, and social roots, and come out with the corresponding strategies and methods to protect the defense right.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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