侦查阶段律师会见嫌疑人问题研究.pdf

A RESEARCH ON THE PROBLEM OF LAWYER’S MEETING WITH SUSPECT IN THE DETECTION STAGE ABSTRACT The right of lawyer’s meeting with suspect in the detection stage is the foundation and the safeguard of the defending right. The right of meeting can not only protect the suspect’s legitimate rights and interests, but also make the conduct of proceedings smoothly. Therefore, the study on how to protect the realization of the meeting right is very significant. The protection of meeting right can achieve the protection of human rights, the procedural justice and the equality of litigation. Meanwhile, it will also prevent the abuse of investigative rights; protect the suspect’s defending rights as well as the efficiency of the proceedings. Although the Chinese Criminal Procedure Law has stipulated lawyer’s right of meeting, but the stipulation still has many insufficiencies. In reality, the right of meeting is hard to implement. It meets with many problems such as: the meeting is hard to get approval and the arrangement of meeting is likely to be delayed, and the investigation authorities always send staff at the scene to surveillance; the frequency and duration of meeting is inadequate while the content of conversation is restrained. The main reason for these problems is the judicial officer’s outdated legal perception; the unreasonable investigative structure and the lack of rules to restraint the investigative authority. Compared with the developed countries, Chinese meeting system has a huge gap to be filled. Drawing on the developed countries’ experience of legislation, it will make great sense to improve the Chinese meeting system. In order to improve and protect the right of meeting, there will be many measures to be taken. Firstly, it will be necessary to change the justice staff’s legal perception and improve their professional skills. Secondly, it is also important to improve the meeting right by endowing lawyers and suspects with the right of meeting with attorne