Journal of Xidian University(Social Sciences Edition) ›› 2019, Vol. 29 ›› Issue (1): 72-79.

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Research on the Lawyer Intervention in the Crime Investigation Procedure

ZHAO YANMIN1,WANG YI1,2   

  1. 1.School of Law, Wuhan University, Wuhan 430000
    2.National “2011 Plan” Judicial Civilization Collaborative Innovation Center, Wuhan, Hubei, 430072
  • Received:2018-11-09 Online:2019-03-25 Published:2019-06-19

Abstract:

In the context of the supervision system reform, the lawyer's involvement in the investigation process is a double-edged sword. On the one hand, the involvement of lawyers in the supervision investigation may lead to the obstruction of the investigation and investigation work, the evidence of the case is destroyed, and the corrupt elements escape the hidden dangers of the French law. On the other hand, the involvement of lawyers in monitoring investigations is not only compatible with the constitutional spirit and legislative spirit, but also has many benefits for the realization of human rights protection, the rights relief of respondents and the regulation of monitoring investigations. From the perspective of value analysis, lawyers should be allowed to intervene in the investigation process. However, based on the overall structure of the supervision system reform and the judicial context, reasonable limits should be imposed on the system design of lawyers involved in the investigation process.

Key words: duty crime investigation procedure, lawyer intervention, value analysis, intervention limit, normative design

CLC Number: 

  • D912.114
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