GuoLing shan Salon | No.7: "Some Problems of Lawyer Defense in Investigation Stage"

Author: 国瓴律师
Published on: 2021-04-07 00:00
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On April 23, 2021, the seventh phase of the "Guohillan Lawyers Salon" of Guohillan Law Firm was held as scheduled. Shanghai Guohillan Law Firm is honored to invite Professor Ni Tie, Deputy Dean of the Criminal Law School of East China University of Political Science and Law, as the keynote speaker, and Professor Wang Junmin as the guest commentator, to share with you the lecture "Some Problems of Lawyer Defense in the Investigation Stage". Some Hillhouse colleagues participated.


Professor Ni Tie focused on the four themes of "positioning of investigation procedures", "boundary of defense power", "analysis of procedural difficulties" and "improvement of security mechanism" to analyze and interpret "several problems of lawyers' defense in investigation stage", combined with relevant laws and regulations and practical problems encountered in judicial practice, and analyzed the key points and prominent problems in "lawyers' defense in investigation stage" in a simple way. Professor Ni Tie first from the origin of the concept, then traced back to the theoretical basis, and then to the exploration of its predicament and the way out. He pointed out that the history of the development of criminal proceedings is the chronicle of the expansion of the right to defense, and the protection of power depends on the perfection of the rule of law system, and only by improving the mechanism of power checks and balances can we truly curb the abuse of power by public organs and private use. On this basis, Professor Ni stressed that at present, the exercise of the right to defense is single, the investigation procedure is secret, and the protection mechanism of the right to defense is absent, which leads to the abuse of power, extorting confessions by torture, illegal evidence collection, and insufficient protection. In particular, lawyers are "difficult to meet", the right to investigate and collect evidence cannot be guaranteed, the lack of lawyers' right to review papers in the reconnaissance stage, and the insufficiency of the duty lawyer system. According to the above problems, Professor Ni Tie deeply analyzed the reasons, and put forward the corresponding solutions in the fourth section - the improvement of the guarantee mechanism. In the one-and-a-half hour lecture, Professor Ni Tie led everyone to have an in-depth understanding and understanding of several problems of lawyers' defense in the investigation stage, and gave his own views. Finally, Professor Ni stressed that the perfection of the right to defense in the investigation procedure is always on the way.


After the salon, Professor Wang Junmin commented on the salon. He pointed out that Hillhouse Salon is an exchange platform for cooperation, mutual assistance, sharing and mutual empowerment, with the purpose of jointly discussing relevant issues in legal practice and promoting the progress and development of Hillhouse. I hope everyone can work together to contribute to the construction of National Hillhouse. In the future, Hillhouse will also hold a regular monthly "Hillhouse Salon" to provide an inclusive platform for lawyers in different fields, improve lawyers' professional skills and service concepts, and help Hillhouse lawyers forge ahead together on the professional road.

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