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What does the new Lawyers bring to the investigation of job crimes?

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[Abstract]:
TherevisedLawyersLawhasbeenimplementedonJune1,2008,andtheamendmentoftheActwillplayapositiveroleinprotectingthecriminalrightsofcriminalsuspectsanddefendantsandreducingtheabuseofpowerofthejudiciary.Onth
The revised Lawyers Law has been implemented on June 1, 2008, and the amendment of the Act will play a positive role in protecting the criminal rights of criminal suspects and defendants and reducing the abuse of power of the judiciary. On the job crime investigation work put forward new and higher requirements.
 
For job investigation, the most important changes to the new Lawyers Act are two. First, the lawyer in the investigation phase of the autonomy to see the right and not be monitored. Article 33 of the new Lawyers Law provides for the right of counsel to participate in the investigation and not to be monitored, not only the time of the lawyer's intervention in the case of "the first interrogation" and the lawyer's meeting More initiative, that is, "with the lawyer practicing certificate, the law firm to prove and power of attorney or legal aid letter, have the right to meet the suspect." The creation of the lawyer's independent right of consultation in the investigation stage, so that the law to further strengthen the protection of the suspect. The second is to strengthen the lawyer's own investigation. Article 35 of the new Lawyers Law stipulates that the entrusted lawyer may apply to the procuratorate, the court to collect, obtain evidence or apply for a court to inform the witness to testify in court. Lawyers to investigate and collect evidence, with the lawyer practice certificate and law firm to prove that the relevant units or individuals can investigate and undertake legal affairs related to the situation. Not only increased the lawyer to apply for investigation and evidence, but also strengthened the lawyer to investigate and collect evidence.
 
The implementation of the new Lawyers Law will effectively solve the problem of the unequal status of lawyers in China's criminal justice operation and have a positive impact on the sustainable development of Chinese lawyers. In the case of job investigation, there is a positive role in the promotion of duty crime, which has led to a new concept of job crime investigation, but it has also brought about a lot of challenges, such as the initiative and timeliness of the case, Detection mode by the impact and so on. In this regard, job criminal investigators should strengthen the new "lawyer law" to learn, with a positive attitude to deal with these challenges, to achieve a qualitative leap in the investigation.
 
Establish a new concept of job crime investigation
 
The investigating authority is responsible for the crime of finding crime, punishing crime and preventing crime, exercising power on behalf of the state. The lawyer's right to strengthen the lawyer's law is an aspect of restricting the abuse of power. For the power owner, it is necessary to establish a criminal investigation New ideas. On the one hand, we should effectively change the concept of law enforcement, enhance the implementation of the revised lawyer's consciousness, and establish the concept of rights-based, the concept of rights and the concept of confrontation. In the process of investigation, the time will punish the crime and safeguard the basic human rights of criminal suspects together to put an end to torture, to prohibit the suspect suspects their own crimes. On the other hand, to establish a comprehensive evidence concept. And gradually change the past "confession for the king", from the supply and demand for the case, by the excessive emphasis on verbal evidence to pay more attention to written evidence changes, the progressive realization of the "zero mouth" in the case of criminals to justice, thus eliminating lawyers Self-meeting and meeting may not be affected by the negative impact.
 
Improve the comprehensive quality of investigators
 
Duty crime is intelligent crime, job criminal investigators must be super intelligent high-quality personnel, with high cultural quality, corruption and bribery, dereliction of duty and other new criminal means, criminal methods have a deeper study, to grasp the relevant laws and regulations , Judicial interpretation, case and legal works, in the face of complex cases can accurately determine the crime and non-crime, the crime and the crime, accurately grasp the relevant doubt, dig the truth; master the interrogative skills, in the confrontation with the suspect Always grasp the initiative, get rid of their chances, to make the final plea of ​​the law; master high-tech, modern means of detection and detection equipment; with self-denial, selfless dedication, collaborative team spirit. These are needed to further strengthen the self-investigation team political and ideological construction, carry out post training, full training, etc. to enhance the overall quality of the team.
 
Strengthen and improve the investigation of duty crime
 
External, strengthen cooperation with the Discipline Inspection Commission, the audit, the statistics and other departments, make full use of the Commission for Discipline Inspection of the suspects, "double", the lawyer can not intervene in this favorable opportunity to take a variety of strategies to break the suspect psychological line, Explain the crime, to break the case to win the time, for the initiative. Internal, and investigation and supervision, prosecution, supervision, prosecution complaints and other departments more closely coordinated with efforts to build the prosecution within the "big investigation" pattern. To further strengthen the "information-led investigation" awareness, expand the source of clues, pay more attention to the collection and screening of clues; change the investigation mode, forward investigation focus, strengthen the preliminary investigation work, by strengthening the trial plan development, trial strategy and flexible use The timing of coercive measures, etc. to improve the quality of the first interrogation, concentrate on simultaneous evidence collection. Comprehensive, according to the law to collect all kinds of evidence, accurately identify the facts of the case, and do a good job of evidence of fixed work, to prevent the provision, to verify; focus on the case of dynamic monitoring, timely collection of string, transfer and other renewable evidence; strengthen the allocation and use of scientific and technological means , Play science and technology in exposing the crime, to prove the role of crime, to ensure that the crime of investigating the effectiveness of cases.
 
Increase the relevant content of enhanced investigation
 
The new "Lawyers Law" to have the practical operability, but also the "Criminal Procedure Law" and other legal changes in the package, it is recommended in the revision of the Criminal Procedure Law, should pay attention to enhance the rights of lawyers and strengthen the dynamic balance of investigation, Criminal intelligence and concealment of the characteristics of the legislation to give the prosecution to the discovery and collection of information on the crime of secret investigation measures and technical means of investigation in order to achieve in accordance with the law to protect the legitimate rights and interests of criminal suspects at the same time, can effectively Prosecution duty crime. Therefore, the revision of the Criminal Procedure Law should increase the relevant content of strengthening the investigation power. Such as monitoring, undercover and other secret investigation means have the advantages of obtaining evidence of the timeliness, irreversibility, etc., is conducive to the timely detection of criminal cases, the law to give the relevant rights of the prosecution, can effectively improve the investigation of the law enforcement environment, The detection efficiency.
 
Strengthen communication and contact with the judicial administration and the bar association
 
Investigators should take a more positive attitude to consider the status, role and possible situation of lawyers in the investigation stage, strengthen the exchange with lawyers, and win the lawyer's understanding and cooperation with the investigation work. At the same time, strengthen the links with the judicial administration and the lawyers' association to strengthen the management of the lawyer industry and purify the lawyer's working environment. Lawyers for their own interests to consider, trying to illegal way to provide legal services for the suspects, so that it is in a greater risk, effectively prevent the abuse of the rights of lawyers. In the investigation work found that the abuse of the rights of lawyers in a timely manner to the judicial administrative departments and bar associations informed that the violation of criminal law constitutes a crime, the timely transfer of the relevant departments shall be held criminally responsible, never tolerate accommodation.