Research On The Regulation Of Defense Lawyer In Court Speech

The modern criminal procedure system,it has a prominent structural feature that the relative equality and balance between accusation function and defense function,based on rights,regarded the defendant who as a personal and procurator represent the state as procedural subject,they are equal confront parties,has same legal status and right set up.But,after 309 th of criminal law amendment,the lawyer's possibility of be punished for his speech is greatly increased,rights gapbetween the prosecution and the defense is expanding,and caused lawyer silence phenomenon for some question in court,sustainable diminished defendant's right to defense,therefore,it is disadvantageous to the discovery of substantive justice.So,under the existing legal system,how to make criminal defense lawyer's trial speech rights protection and responsibility to achieve dynamic balance is the focus of this article.At present,the theoretical and practical circles lack continuous follow-up of the current situation after amendment,most of the previous discussion are limited to the theoretical level,lack of empirical research,andthe conditions or limits for lawyer speech regulation did not form a consistent point of view,the discussion is also mainly focused on trial speech exemption and out of court statements,so the study of influence of lawyer's speech is still in the blank stage.therefore,this paper takes these problems as the starting point,around this article,on the basis of empirical research,explore dilemma and effect during its implementation,and onthis basis,analysis the status of the third paragraph of article 309 th of the criminal law in regulation system,constitutionality,legitimacy limit,boundaryof crime behavior and supporting mechanisms for implementation,etc,ensure this article in the process of the application tends to improve,avoid the adverse consequences of abuse.The principle of legality is the free boundary,butthe law should also have the stability,under the present condition of the formal implementation,this article should be explained and controlled in the running of "ought" and "reality",to maintain the stability of the law,in order to ensure the careless law runs in the legal system,the power and the right reason to build a dynamic balance.