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Litigation counsel and the right to protection

Author: ZhangBo
Tutor: WangJinXi
School: China University of Political Science
Course: Legal
Keywords: Defense lawyers Litigation rights Meets Right Marking right Investigation Power
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 179
Quote: 0
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Abstract


Rights litigation counsel , refers to the criminal proceedings , lawyers after obtaining the defender position , according to the independent exercise of fundamental rights , the program is to achieve justice, truth found in the case of security , but also safeguard the legitimate interests of suspects important way . \Therefore, only from legislation and practice to fully protect the rights of the defense lawyers of various litigation to protect procedural fairness , but also to protect the legitimate rights and interests of criminal suspects deserve protection. The right to defense counsel present litigation generally includes the right to meet the right , scoring right , the right to investigate and collect evidence , question authority , the right to defense , such as the right to refuse . Among them, the suspect most closely , the greatest impact , mainly refers to the right of meeting , marking the right and the right to investigate and collect evidence . However, in the criminal legislation and practice, there is a problem that is up to the right of meeting , marking the right and the right to investigate and collect evidence . Meets difficult, scoring difficult, difficult investigation and evidence collection has become the biggest obstacle in the process of defense lawyers . This paper focuses on the defense counsel in the course of their practice , met with difficulties encountered , scoring difficult, difficult problem investigation and evidence collection , from foreign and domestic legislation , the separately listed in the \the reasons for these problems , and ultimately proposed specific measures to address these issues from the perspective of legislation and practices.

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