The right to meeting and the right to communication are both important contents of the right to defense.The latter is another form of expression of the former.The right to communication is a basic right in the constitution,which includes both freedom of communication and secrecy of communication and should be respected and guaranteed in criminal proceedings.However,China's model of taking monitoring as the principle,restricting the communication right by low-level legal documents,and the singleness of communication forms do not conform to the concept of modern countries'protection of the special fiduciary interests of defense lawyers and detainees,and even violate the principle of legal reservation for restricting basic rights.Based on the practical value of defense lawyers'communication right,we should first improve the communication right from the narrow legal level,that is,establish the principle of being free from monitoring,clarify the legal conditions for communication methods and restrictions;require detention centers to provide convenience for detainees'communication in time,and solve the postal problem by checking lawyers'identities;and improve the relief mechanism of defense lawyers'communication right.To ensure that in practice,defense lawyers can equally use the communication right and the right to meeting to communicate with detainees and achieve effective defense.
right to meetingright to communicationsecrecy of communicationdefense lawyerspecial fiduciary interest
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