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Suggstions on Lawyers’ Defense Right in Investigation

Author: LiFei
Tutor: ChenYingXin
School: Southwest Jiaotong University
Course: Legal Theory
Keywords: investigation defense right lawyers’ defense right
CLC: D925.2
Type: Master's thesis
Year: 2009
Downloads: 242
Quote: 5
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Abstract


Put into effect in 1997, the new "criminal procedure law " of our country advance the time of the lawyer getting involved in criminal suit to the investigation, which is a big advance to make "criminal procedure law" of China scientific and democratized. Because of conservation and flaws of legislation, the lawyers’ position of lawsuit in investigation is indefinite, and the function of lawsuit is imperfect, and the content of the lawyers’ defense right is incomplete. So, it is difficult to perform their defense possibilities and effective to protect the basic human right and lawful right. Protection of human right is brought into the extent of content of Constitution in 2004; it means that the function of human right protection of the criminal procedure will be the focus in the amendment of the criminal procedure law in the future.First, this paper summarizes the lawyers’ defense right in investigation simply, and then expounds that it is to entrust lawyers defense right in investigation which is necessary to thoughts about criminal procedure, such as acquittal presumption, procedural justice, balance of accusation and defense, human right protection. Second, it expounds the regulations about lawyers’ defense right in investigation in countries of Anglo-American and continental legislation system and international convention documents. Later it expounds the current situation and troubles of lawyers’ defense right in China, the lawyers don’t enjoy the "defender" qualifications in investigation, also don’t enjoy investigation and getting evidence right, right of looking up case files, interrogation presentation right, and is limited to interview crime suspect. After that, it expounds the spatial on lawyers’ defense right in investigation between China and the two systems of law and national norm. At last, it demonstrates that it is necessary to entrust lawyers defense right in investigation in China. Being directed against the troubles and spatial in investigation in China, and then it puts forward some concrete suggestions to improve the present system of lawyers’ defense right. Taking advantage of the successful experiences on the system of lawyers’ defense right and judicial practice in investigation, consulting some contents of national norm, it puts forward suggestions of two aspects with concrete situations in current state of China. One is that improving the contents of lawyers’ defense right in investigation, such as entrusting defense lawyers interview right without limits, interrogation presentation right, investigation and getting evidence right, right of looking up case files, etc. The other is that improving and establishing the system of protecting lawyers’ defense right in investigation, such as improving the procedure of right been informed and the system of lawful aid, establishing the system of judicial censorship.

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