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Attorney participates in the criminal prosecution is a very important system. Safeguards attorney's in criminal prosecution each right, not only may display the defense system fully in criminal prosecution's function, to the practical protection suspect, accused person's legitimate rights and interests and achieves the maintenance fundamental human rights, to realize the social justice also to have the very vital significance.

Not only our country carried out 《Law of Criminal Procedure》 now strengthened attorney's in criminal prosecution status and the function, but also has further been clear about attorney in each lawsuit stage right. But still had some problems, the law entrusts with attorney's right not to be incomplete, are many to attorney's right limit, attorney the right exercises also lacks the corresponding safeguard mechanism. In addition, factor and so on people's idea and government by law environment influences, the law entrusts with attorney's right to encroach in reality. If attorney's meeting power, examines test papers the power, the evidence collection power to be restricted frequently; Attorney displays with difficulty in the detection stage's function; Cannot earn the proper respect in hearing's right; In the disciple personal rights are often encroached upon. Not only causes in our country criminal prosecution to control debates the bilateral strength not to be equal, also causes attorney the criminal defense function with difficulty effective display.

Attorney participated in all sorts of question oneself who the criminal prosecution existed affecting our country criminal justice reform thorough advance, therefore, it is necessary to further consummate trial lawyer's right from the legislation, solved the above problem, then in system full safeguard trial lawyer right exertion. This not only may be clear about trial lawyer the legitimate lawsuit main body status, but may also eliminate from the law to attorney exercises the right limit. To encroaches upon the responsibility which trial lawyer the right should undertake, in the legislation should also make the concrete provision. This can establish truly controls debates balanced controls debates the type lawsuit structure, displays attorney to be fair fully in the judicature and assurance of human rights aspect peculiar value

This article in analyzes our country attorney in the participation criminal prosecution process in the existence flaw foundation, carries on the analysis on attorney's in criminal prosecution existence question's reason and the solution necessity, meanwhile solved the above problem to propose certain reforms and the perfect countermeasure.

律师 Attorney

刑事诉讼 criminal prosecution

问题 Issue

对策countermeasure