L, there is a deviation in concept. As soon as a criminal suspect is detained, some investigators think that he is not a good person and engage in "presumption of guilt". They think that lawyers take other people's money to help others eliminate disasters and speak for the criminal suspect, which is subjectively exclusive; Some people are afraid that the lawyer's bad idea will affect the authenticity of the confession; There are also factors such as distrust of lawyers, suspicion and fear of lawyer collusion. It is difficult to really realize that lawyers participate in criminal proceedings in order to promote judicial justice, safeguard the legitimate rights and interests of criminal suspects and defendants, and prevent unjust, false and wrong cases.
2. Some staff members of public, procuratorial and legal organs think that lawyers have high income and psychological imbalance. At present, there is no statistical data on the average income of lawyers in China. We can collect it and compare it with the average income of staff in public, procuratorial and legal organs. There is still a problem of food and clothing in the lawyer industry. In some poverty-stricken areas, some lawyers, especially those who have just entered the ranks of lawyers or are older, find it difficult to solve their basic lives, and some lawyers give up their career as lawyers to contract for forests. Therefore, we should treat the lawyer's "high" income comprehensively and objectively.
3. The current judicial system still needs improvement. In the litigation structure, the prosecution is both an athlete and a referee, so it is difficult to be in a truly equal position with the defense. The management and litigation of detention centers under public security management are really easy, but the problems are also common. Arbitrary detention such as detention and interrogation occurs from time to time, and extended detention accounts for about 50%. Without disability, it is difficult to extract evidence by torture. One of the reasons why investigators prevent lawyers from meeting criminal suspects is that they are afraid that lawyers will see the wounds or scars of criminal suspects and cause legal responsibility. So some investigators always procrastinate for various reasons.
4. The relevant laws, regulations and rules are not perfect. Some are not specified, some are not operable, and some are in conflict with each other. Article 96 of the Criminal Procedure Law does not specify when the "first trial" will begin. (2) In criminal proceedings, what is a state secret is not clearly defined, which leads to arbitrariness and ambiguity in practice. (3) 1998, the six ministries and commissions stipulated the right of lawyers to meet, but did not stipulate how to give evidence, what kind of responsibility to bear and who will handle it. Therefore, lawyers will be in a passive state from the beginning. If they see it, they can see it. If they can't see it, they can't see it. There is no evidence to prosecute, and even if there is prosecution, there is no legal responsibility. (4) Article 36 of the Criminal Procedure Law stipulates that the lawyer's interview is "should" rather than "necessary", and the flexibility of legislation leads to the flexibility and arbitrariness of law enforcement. China's current laws, regulations and rules clearly restrict lawyers' right to meet, read papers and investigate and collect evidence.
5, the quality of some grassroots law enforcement personnel needs to be improved. In cities with a high degree of civilization, the practice environment of lawyers is much better than that in backward areas, and the protection of lawyers' litigation rights and personal freedom rights is also higher. In the same province, provincial prosecutors and prosecutors. The level of law enforcement and policy, as well as the concept of democracy and legal system are far higher than those at the grassroots level. In recent years, Henan Provincial Procuratorate has issued relevant regulations to protect lawyers' rights, and they have realized the seriousness of the problems existing in lawyers' practice. The key point is that some grass-roots case-handling organs and personnel do not have strong concepts of handling affairs according to law, democracy and legal system, and respect for human rights, and their quality needs to be improved.