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The Forgiveness of Lawyer's Right to Be Forgotten and Being Misused--Reflections on the Right of Lawyers in Criminal Procedure Law

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DOI: 10.23977/law.2022.010203 | Downloads: 5 | Views: 146

Author(s)

Jingfeng Chai 1

Affiliation(s)

1 Law School of Hunan University, Changsha, Hunan, 410082, China

Corresponding Author

Jingfeng Chai

ABSTRACT

The lawyer's right to meet with suspects and defendants in criminal proceedings is the lawyer's basic right. Through interviews, lawyers learn about suspects and defendants' motives for suspected crimes and related cases. Lawyers listen to the opinions and justifications of suspects and defendants to better provide legal aid and defense. A country’s emphasis on the rights of lawyers indicates its emphasis on the judicial system. The reform and progress of the right to interview is an important part of the reform and progress of the national judicial system. However, in today's China, lawyers' forgetting and abusing the right to meet has become a problem. The deviation of public understanding, the lack of legislation, the lack of supervision, and the weak organization of lawyers make the rights of lawyers in China difficult to guarantee. International treaties and major foreign countries have stipulated the notification obligations of relevant units to ensure the realization of the right to meet and stipulate that lawyers and respondents should be timely, and lawyers and defendants should communicate completely and freely. And establish a legal aid system to ensure the realization of lawyers' right to meet. This article will start from the basic content of the right to meet, analyze the differences in the protection of Chinese and foreign views, analyze the revision of the right to meet, and put forward the author's views on the path of judicial reform.

KEYWORDS

Criminal Proceedings, Interview Rights, Defense Lawyers

CITE THIS PAPER

Jingfeng Chai, The Forgiveness of Lawyer's Right to Be Forgotten and Being Misused--Reflections on the Right of Lawyers in Criminal Procedure Law. Science of Law Journal (2022) Vol. 1: 17-28. DOI: http://dx.doi.org/DOI: 10.23977/law.2022.010203.

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