The right of lawyer's presence means that a criminal suspect has the right to ask a lawyer to be present when he is questioned by a criminal investigation organ. The interrogation record obtained by the lawyer in absentia is illegal and cannot be used as evidence to finalize the case. The presence of a lawyer is entrusted to perform defense duties, which is a professional duty.
In criminal proceedings, criminal suspects are in a weak position to be investigated for criminal responsibility. If they are allowed to hire a lawyer to be present at the trial, it will certainly help to protect the rights of criminal suspects. The establishment of this system can make the constitutional right of "the defendant has the right to defense" be concretely implemented.
China's current criminal procedure law does not stipulate the lawyer's right to be present. In the United States, Japan and other countries, there are provisions for lawyers to be present. Since She Xianglin's unjust case appeared in 2005, China has also started the pilot work of lawyer's right to be present. The lawyer's right to be present is expected to be stipulated in the newly revised criminal procedure law.