Research On The Rights System Of Defence Attorneys

Recently,the Central Committee of China and the highest judicial organs and the Ministry of Justice have successively proposed a series of measures to protect the practice of lawyers.The content involved can be largely divided into two aspects.First,implement the Criminal Procedure Law revised since 2012.A series of provisions on the right to defense of lawyers in the Lawyers Law and its related judicial interpretations;the second is to clarify the duties and obligations of the judicial organs to protect lawyers from exercising their right to defense.However,in judicial practice,defense lawyers will find difficulties,difficult to read papers,and difficulties in the investigation and evidence collection.Not only have they not been solved tangibly,but even cases that can be met and written are still available.Now,they cannot meet or read papers,and the evidence in the court trial is difficult.The "new trilemma," such as the difficulty of debating,the difficulty of applying for witnesses to appear in court,severely weakened the effectiveness of the defense.At the same time,the emphasis on the immunity of defense lawyers and the right to personal liberty was also induced by the judiciary.Violating the law of litigation,overcoming the power to exercise the border,weakening or even undermining the function and value of the lawyer's right to defense,the judicial rights of these defense lawyers are hindered and the judicial status of the conflict is reflected in the judicial practice distance from the overall assumptions and expectations of the document.Therefore,the systematic study of the defense lawyer's right system provides a reference for the construction of the protection rights,and the improvement of the defense lawyer's litigation rights system,to achieve the equality of the defense and defense,and to defend the criminal defense of our country from the formal defense.Advance,highlighting the value of procedural justice and safeguarding human rights and promoting Impartiality of the trial,the significance of improving the credibility of the judiciary and so on.The basic scope of the defense lawyer's rights system consists of content,function and value.Among them,the granting and defense rights and the security right are the basic content of the defense lawyer's rights system.Information acquisition,opinion exchange,and personal security are the functions of the lawyer's defense rights system.It is the value of the lawyer's defense rights system to realize the effective equality of the prosecution and defense,to safeguard the legitimate rights and interests of the parties,and to promote the fair handling of the case.Investigating the provisions of the relevant national and regional legislation on the rights of defense lawyers can be found: First,the type of rights is very comprehensive.Since the time when the state prosecution agency first contacted the suspect,a series of rights represented by the right to play have played a role.As an important force for professional groups and social supervision,lawyers can intervene with the prosecutor to punish the crime.The competitive arena,jointly confronting the starting line of “the right to be present” and “the right to be informed of the alleged crimes in time”,reflects the equality and reciprocity between status and rights(force)as the subject of litigation,highlighting the independence of the procedure.The value of justice.Secondly,relying on the “public defender(or duty lawyer)”,“judicial writ”,“compulsory forensics and ensuring witnesses appearing in court”,“consultation and cross-examination rules”,“defense immunity” and other institutional backgrounds,the benign nature of defense lawyers' rights Operation provides protection.Finally,it is worth emphasizing the relief channels and job security when lawyers' rights are impaired.The professional group of lawyers and the management of the industry have certain pontaneity and independence.The defense lawyers also bear the functions of “constraining the right of state prosecution and punishment” and “protecting human rights”.Therefore,on the one hand,they are required to leave the state organs.The scope of power radiation,on the other hand,also requires "special care",and should build a relief and security system with "lawyer-client privilege" as the axis.As far as the rights system of Chinese defense lawyers is concerned,the rights of defense lawyers in the Criminal Procedure Law and the Lawyers Law have undergone development and changes in a certain historical period,but the distinction between grant-type rights and security-type rights still needs to be strengthened.The limitations and shortcomings of type rights and the lack of security rights have caused defects and deficiencies in the current Chinese defense lawyers' rights system.On one hand,expanding the right to defense and improving the practice environment of defense lawyers have always been the trend of legislation,and reflect the will and determination of our country to follow the law of a criminal procedure.On the other hand,the content of the relief and protection of the right to defense is still difficult to follow up in the legislation,and many provisions of the granting rights still have confusion and controversy caused by unclear definitions.In the future,the improvement of China's defense lawyers' rights system needs to be separately cut from the granting rights and protection rights.Especially regarding the latter,it is necessary to construct and strengthen the protection of defense immunit y,personal freedom protection,office space,and case data.