In recent years，When questioning, the lawyer's presence system has gradually established in major Western countries。On the one hand，The academic world is optimistic about this system，Think in general criminal cases，my country can learn from absorption。On the other hand，Usually applicable to the width system with confession and punishment，The new duty lawyer system came into being。This system has partially implemented the function of lawyers present when questioning，Effectively protecting the legitimate rights and interests of the suspect during the investigation stage。Actually，This provides a new idea for my country's future lawyer system reform。

　　Bet365 lotto review

2016，The Dean of the Supreme People's Court Zhou Qiang in the explanation of the "Decision on the Pilot Work (Draft) of the Pilot on the Pilot of Criminal Cases in some areas (Draft)，It is clearly proposed to improve the legal aid system，Legal aid agencies shall be in the people's court、The detention center sent legal aid on duty lawyers，Criminal suspects who have no entrusted defender、Criminal defendants provide legal consultation、Program selection、Application of compulsory measures and other legal help。The lawyer system on duty is established with the rolling of the lenient system with pleading and punishment，Although the original intention of the system construction is to achieve "full coverage of legal aid"，provides legal help for those suspects who have no commissioned lawyers。but，The institutional background and duty lawyer's own right to be limited，All made it a auxiliary mechanism for the "confession and punishment from a wide system"。

The spread of the lawyer system of our country，Bet365 app download From time to time, it is synchronized with the confession and confession.，From a functional point of view, it is to protect the right and voluntaryness of the suspect when confession and confession。2014，Supreme People's Court、Supreme People's Procuratorate、The Ministry of Public Security and the Ministry of Justice issued the "Measures on the Pilot Procedure of Criminal Cases for Criminal Cases"，It is announced at the same time as the pilot confession and confession from the width system，Establishing a duty lawyer system。The United States, which is popular in the debate transaction，Reach of the debate transaction，cannot be separated from the negotiation and agreement between lawyers and prosecutors，To prevent prosecutors from coaxing or coercion suspects to reach a confession agreement，Effectively guarantee the right to know the suspect and voluntaryness。my country’s confession and punishment from the wide system，The advantages of the three parties in the United States，Introduction to duty lawyers to prevent guilty and punishment from being abused from the wide system。

Chinese duty lawyers meet the suspect's time point，Generally after the interrogation task has been successfully completed，instead of the beginning of the question。In practice，Generally on duty lawyers meet the suspect，The suspect has agreed to reach a confession agreement with the police，In exchange for treatment from light punishment。The methods of western countries are different，The lawyer's right to be present when the suspect's question is guaranteed，The suspect proposes to meet with a lawyer or ask a lawyer to be present when questioning，Before the lawyer is present，Police may not start questioning，This system design allows lawyers to supervise the interrogation process。

　　Ask the lawyer's out -of -the -world inspection of the field system

When questioning, the Bet365 app download lawyer is present，In recent years, it has been established in Britain and the United States and Europe.。It has several items，Equipment of rights、Lawyer participation form setting、Rights abandon and restrictions。Rights notification system，Inform the questioner，It has the right to ask the lawyer to be present during questioning，It is a prerequisite for the questioning person to enjoy this right。Considering that the questioning person often lacks understanding of criminal proceedings，If the police are not required to inform the lawyer's right to be on the court，The person questioning often cannot exercise this right。Lawyer participation form setting，Lawyer is present when questioning，Whether it can be interrupted and asked，Still can only watch silently。Right to give up system，Ask the lawyer's right to be present，The same as seeking the help of a lawyer，It should be a kind of in the case of being questioned and voluntary in question，The right to give up actively。restrictions and exceptions，That is, when meeting specific conditions，Police can refuse the lawyer at the scene。From the perspective of various countries，During questioning, the lawyer's right to exercise，There are restrictions or exceptions。

First，Right notification mechanism。In the United States，Fifth、Sixth、Ninth、The Tenth Tour Court requested that when Milanda warned，It is clearly notified that the questioning person has the right to ask the lawyer to be present when questioning。EU requirements in the legislative guidance of various countries，Investigators of various countries when questioning the questioner，Notification of basic information should be made，Basic information includes the right of lawyers in the field。The British "Detailed Rules of the Execution of Police and Criminal Evidence Law in 1984 C" regulations，Executive officers shall give a written notice with detailed rights with Bet365 app download detailed rights，Inform him of the right of lawyers present when he enjoys question。"French Criminal Procedure Code" Article 63-1 stipulation，Any person who is detained，It should be immediately informed that it has the right to get the help of a lawyer and the lawyer on the interrogation。The "Austrian Criminal Procedure Code" stipulates，You must clearly inform the suspect，It enjoys the right to ask the lawyer present when the interrogation is clearly given。

Second，Format of lawyers。The British "Detailed Rules of the Execution of Police and Criminal Evidence Law in 1984 C" regulations，The lawyers at the questioning scene should be improper if the investigators ask the investigators，You can express your opinion directly to the investigators，or the recommended questioner not answered specific questions。The "French Criminal Procedure Code" stipulates，Only after the interrogation is over，Lawyers can ask questions，and if the problem is mentioned, it may hinder the smooth progress of the investigation，Officials or judicial police officers can refuse to answer "。Lawyers can check the question written，Write observation report on the interrogation process，Record the improper situation in the interrogation，Submit to the police or prosecutor。Article 164 of the Austrian Criminal Procedure Code，The lawyer cannot communicate with the suspect before the interrogation，You can only ask questions after the interrogation。

third，Abandoned and exceptional restrictions。British "1984 Police and Criminal Evidence Law Execution Rules C" stipulates，The suspect was informed that he was on the premise of questioning when he was questioned，If you decide not to get the help of a lawyer，Police should ask them why they abandon this right and make written records。In the United States，The questioning person can be voluntary、In the case of knowing and wise，Voluntary Bet365 lotto review abandonment of the right to the lawyer at the time of question。The United States excludes lawyers present、There are two main exceptions to question directly，That is "exception to public safety" and "exception to personal safety"。exception of public safety，It mainly refers to the suspect's might carry weapons，urgency threatening the security of the police and the public，At this time, the police can directly interrogate the location of the weapon hidden，in order to find the danger of weapons to eliminate。Except for personal safety，Refers to the life of citizens，Police can question directly，Eliminate the participation of lawyers，Usually suitable for abduction cases that need to urgently obtain suspects for rescue hostages。other，The United Kingdom also stipulates that if the lawyer is inaccurate at the interrogation scene, the question is made smoothly，Police can also ask the lawyer to leave，But you have to wait for another lawyer to come to the question site，can continue to interrogate。

　　Lawyer on duty asked the right to be on the field when questioning

The role positioning of the lawyer on duty，Disputes are still existing today。Some scholars believe that the lawyers on duty should play the role of "defender" in the investigation stage，To protect the rights and interests of the suspect，Standing on the opposite side of the investigator。Some scholars believe that the lawyers on duty should play the "witness" of the knowledge and voluntaryness of confession and punishment commitment to achieve，It exists as auxiliary mechanism for preventing guilty confession and confession.，After all, the lawyer on duty has the national "public" attribute，Different social lawyers who entrust the suspects and their families。Some scholars believe that the lawyers on duty should assume the responsibility of the "program supervisor"，The legal operation of the surveillance and investigation procedure，Preventing torture bet365 Play online games or threat、Test confession。In fact, whether it is "defender" or the role of "supervisor"，Even the role of "witness"，All lawyers on duty are required to participate in the interrogation process more，Prevent interrogation process illegal，Guaranteed to plead guilty and punishment for voluntary。

With the large -scale application of the width system with confession and punishment，Lawyers on duty have participated in most criminal cases，This is an excellent opportunity for the construction of a lawyer on the scene。Starting the stove with it，In addition to establishing a questioning stage during the investigation stage, the lawyer was present，​​Introducing a social lawyer who is more alert to investigators into the question site，It is better to allow lawyers on duty to participate in the criminal interrogation process。Because the lawyer on duty has the "public" attribute in income，During the interrogation process, it will not hinder the police handling the case based on the cause of the position，More role to play a "program supervisor" character。As far as the questioning mode of the lawyer on duty，Remote present (through online live broadcast) and the scene of the scene should be allowed。Question consuming in my country's criminal investigation for several days or even months，Higher economic costs subject to duty lawyers，It is impossible to ask a lawyer on duty to be present during questioning。The more realistic solution is，The questioning person should have the right to be before the question of the question，or question when I encounter a key choice，Requires the lawyer on duty is present。Police should be before the beginning of the question，Inform the questioner，It has the right to get the help of a lawyer on duty and ask the lawyer to be present when he is asked。Lawyers on duty can communicate with the suspect privately，You can interrupt the police’s illegal interrogation bet365 live casino games means，should write a questioning report after the interrogation，Give it to the judicial administrative organs。For imprisonment for more than ten years、Film case of life imprisonment or death sentence，or a gang for crime、Cases involved in black and evil，At this stage, you can still exclude the on -duty lawyer to participate in the interrogation process。

　　(Author Unit: Wang Jian Law College of Suzhou University)