律师帮助权问题研究
发布时间：2018-11-08 09:53
【摘要】：律师帮助权是当前我国颇有争议的制度之一,美国作为这项制度的开朝元老是在大量的案件发生后促使其完备的,但究其根本原因是美国宪法赋予了人们的权利以及程序上的制度要求。 宪法赋予了每个公民辩护权,律师帮助权就是辩护权的延伸。律师帮助权制度的立法理由,宪法赋予了每个公民辩护权。在程序上律师帮助权是刑事诉讼法原则,贯穿刑事诉讼法的始终。目前,我国在律师法中规定了侦查阶段律师享有有限的帮助权,律师帮助权可以从实体和程序两方面维护嫌疑人合法权益。律师帮助权在实体方面由告知权、会见权、讯问在场权及调查取证权四部分组成。律师帮助权在程序上包括程序正当原则、无罪推定原则、控辩平等原则及审前程序的人权保障,这两方面都强调对公权力的限制,加强对犯罪嫌疑人被告人的权利保障。律师帮助权的起源与发展都是顺应时代的步伐。本文通过律师帮助权的立法现状、司法现状各自存在的原因进行分析,以及修改后的《刑事诉讼法》与新《律师法》在内容上相矛盾,给实践人员带来的不便。例如,佘祥林案件中,由于侦察机关在程序上疏忽导致错案的出现,使犯罪嫌疑人人权没有得到保障。针对现实生活中存在的问题笔者提出相关对策,建议律师在侦查阶段对犯罪嫌疑人进行有效的帮助,这不仅仅在程序上保障了犯罪嫌疑人的人权同时也帮助侦查机关减少错案、冤案。对比国外的律师帮助权制度,为我国实施律师帮助权制度提供借鉴。明确律师帮助权应纳入我国宪法：国际法规有关律师帮助权制度应吸纳到我国法律中；确立有效律师帮助权原则；设定律师帮助权的救济机制。 本文在律师帮助权制度中运用了比较分析法,在我国目制度下运用了实证分析法。主要是为更好的完善我国律师制度在中国得以实施,与国际接轨。
[Abstract]:The right of lawyers to help is one of the controversial systems in our country at present. As the founding fathers of this system, the United States made it complete after a large number of cases took place. But the fundamental reason is that the Constitution gives people rights and procedural requirements. The Constitution gives every citizen the right to defend, and the right of lawyers to help is the extension of the right to defense. The legal reasons for the system of lawyers' right to help, the Constitution gives every citizen the right to defend. Lawyer's right to help is the principle of criminal procedure law, which runs through the criminal procedure law. At present, our country has stipulated in the lawyer's Law that the lawyer has the limited help right in the investigation stage, and the lawyer's help right can safeguard the suspect's legal rights and interests from both the entity and the procedure. The right of lawyer's help consists of four parts: informing right, meeting right, interrogation right and investigation right. Lawyers' right to help includes the principle of due process, the principle of presumption of innocence, the principle of equality of prosecution and defense, and the protection of human rights in pretrial procedure, both of which emphasize the restriction of public power and strengthen the protection of the rights of suspects and defendants. The origin and development of lawyer's right to help are in step with the times. In this paper, the author analyzes the legislative situation of lawyer's right to help, the reasons for the existence of judicial status, and the contradiction between the revised Criminal procedure Law and the new lawyer's Law, which brings inconveniences to the practitioners. For example, in the case of she Xianglin, the criminal suspects' human rights have not been guaranteed because of the negligence of the investigation organs in the procedure leading to the occurrence of the wrong cases. In view of the problems in real life, the author puts forward the relevant countermeasures, and suggests that the lawyer should help the criminal suspects effectively in the investigation stage, which not only guarantees the human rights of the suspects in the procedure, but also helps the investigation organs to reduce the wrong cases. Injustice. Comparing with the foreign lawyers' right system, it provides reference for our country to implement the lawyer's help right system. It is clear that the right of lawyer's help should be included in our constitution: the system of lawyer's right of help should be incorporated into the law of our country, the principle of effective lawyer's right of help should be established, and the relief mechanism of lawyer's right of help should be set up. This paper applies the comparative analysis method in the system of lawyer's right to help, and the empirical analysis method under the system of our country. Mainly in order to better improve our lawyer system in China to implement, and international standards.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D926.5
本文编号：2318122
[Abstract]:The right of lawyers to help is one of the controversial systems in our country at present. As the founding fathers of this system, the United States made it complete after a large number of cases took place. But the fundamental reason is that the Constitution gives people rights and procedural requirements. The Constitution gives every citizen the right to defend, and the right of lawyers to help is the extension of the right to defense. The legal reasons for the system of lawyers' right to help, the Constitution gives every citizen the right to defend. Lawyer's right to help is the principle of criminal procedure law, which runs through the criminal procedure law. At present, our country has stipulated in the lawyer's Law that the lawyer has the limited help right in the investigation stage, and the lawyer's help right can safeguard the suspect's legal rights and interests from both the entity and the procedure. The right of lawyer's help consists of four parts: informing right, meeting right, interrogation right and investigation right. Lawyers' right to help includes the principle of due process, the principle of presumption of innocence, the principle of equality of prosecution and defense, and the protection of human rights in pretrial procedure, both of which emphasize the restriction of public power and strengthen the protection of the rights of suspects and defendants. The origin and development of lawyer's right to help are in step with the times. In this paper, the author analyzes the legislative situation of lawyer's right to help, the reasons for the existence of judicial status, and the contradiction between the revised Criminal procedure Law and the new lawyer's Law, which brings inconveniences to the practitioners. For example, in the case of she Xianglin, the criminal suspects' human rights have not been guaranteed because of the negligence of the investigation organs in the procedure leading to the occurrence of the wrong cases. In view of the problems in real life, the author puts forward the relevant countermeasures, and suggests that the lawyer should help the criminal suspects effectively in the investigation stage, which not only guarantees the human rights of the suspects in the procedure, but also helps the investigation organs to reduce the wrong cases. Injustice. Comparing with the foreign lawyers' right system, it provides reference for our country to implement the lawyer's help right system. It is clear that the right of lawyer's help should be included in our constitution: the system of lawyer's right of help should be incorporated into the law of our country, the principle of effective lawyer's right of help should be established, and the relief mechanism of lawyer's right of help should be set up. This paper applies the comparative analysis method in the system of lawyer's right to help, and the empirical analysis method under the system of our country. Mainly in order to better improve our lawyer system in China to implement, and international standards.
【学位授予单位】：沈阳师范大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D926.5
【参考文献】
相关期刊论文 前2条
1 钟娟;论刑事侦查中的律师在场权[J];安徽电力职工大学学报;2001年04期
2 赵志梅;;试论我国量刑非程序化的弊端[J];政府法制;2007年10期
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