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"Physical examination system" depends on the implementation of "lawyers meet"

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[Abstract]:
TheStateCouncilInformationOfficerecentlyreleasedthe"NationalHumanRightsActionPlan(2009~2010)".Thisisthefirstcountrytodevelophumanrightsasthethemeofnationalplanning.Oneofthemostcompelling:Chinawillesta
The State Council Information Office recently released the "National Human Rights Action Plan (2009 ~ 2010)". This is the first country to develop human rights as the theme of national planning. One of the most compelling: China will establish and promote a system of physical examination of detainees before and after the offer. The purpose of this move is undoubtedly intended to put an end to torture. (Detailed report see yesterday A05 version)
 
This system can be established without compromise, is undoubtedly the Chinese legal system and human rights protection of the cause of a major improvement. However, based on experience and reality, I am not optimistic about this.
 
In fact, we do not lack a variety of systems and regulations, the lack of strict implementation of the system and supervision, which is actually a lot of the current laws and regulations in vain one of the fundamental reasons. For example, lawyers meet the system, it is the first step in the exercise of criminal defense of lawyers, but also to ensure that the interests of criminal suspects an indispensable institutional arrangements. But in judicial practice, lawyers meet with behavior often subject to a variety of unreasonable restrictions, resulting in the system in practice was greatly reduced.
 
Of course, lawyers meet the biggest problem with the system, but also the system itself is imperfect, there are loopholes and even criminal policy "fight."
 
I have some friends in the judiciary and the management department, and I have heard some of the cases in their contacts. In accordance with the provisions of the Code of Criminal Procedure, lawyers met with criminal suspects, in addition to involving state secrets cases, no approval. However, the relevant ministries and regulations also stipulates that "the investigating authorities should arrange for meetings within 48 hours". This "arrangements for meetings" and "no approval" clearly contradictory and conflicting: lawyers meet why must the investigation organs "arrangements"? In disguise, the "arrangement" of the investigating authority is the prerequisite for the realization of the lawyer's meeting, and "arrangement" and "approval" are actually a meaning here.
 
In addition, the Criminal Procedure Law and the relevant ministries and regulations are stipulated: "In the investigation stage, lawyers meet with the suspects in custody, the investigating authorities according to the circumstances and needs of the case can be dispatched." This prerequisite in the actual operation, Become a major obstacle for lawyers to meet. Also, whether or not "involves state secrets", it is also easy to become a major factor in the investigation of obstruction of lawyers. and many more.
 
Lawyers meet the implementation of the system are so difficult, and how to ensure that "the establishment and promotion of information before and after the custody of the custody of the system" and more importantly, to ensure that lawyers meet the system in the judicial practice of unimpeded, To ensure that the system of physical examination of detainees before and after the hearing can be carried out without prejudice to the implementation of the premise and important guarantee. Therefore, to make the "physical examination system" is useless, we must first in the physical and procedural aspects of the institutional arrangements to improve the lawyer to meet the system.