On The Conflicts Between The Lawyer's Rights And The State Power In Criminal Litigation

The rights of the lawyers are the legal rights entitled to the lawyer in practicing a lawsuit, which are different from both citizens' moral rights or state power. Laws of all the countries provide the lawyer in practicing a lawsuit with varied rights, aiming at enabling the lawyer to protect the legal rights of the litigants, to maintain law and order and to balance the mechanism of accusation and defense. Practicing lawsuit is the main duty of the lawyer. In performing their duty which is prescribed by their professional role, they are involved in many conflicts, mainly including â‘  the conflict between the rights of the lawyer and the state power. â‘¡ the conflict between the rights of the lawyer and the litigants. Among these conflicts, some are reasonable and some are unjustifiable which are caused by artificial elements, that is, conflicts caused by improper means of fulfilling rights, etc. If these conflicts are not timely solved, it may aggravate the imbalance of the mechanism of accusation and defense, endanger the system of lawyer and the profession of lawyer, harm citizen's legal rights and weaken people's faith in the justice of the judicial system. The essence of the conflicts lies in the fact that the lawyer try to fulfill the litigants' rights to the extreme and at the same time stress on procedure justice and the justice of law, laying the litigants' rights on the first place, while the state organs emphasize the justice of law, and investigation of the accused's liabilities, laying the public interests and the social law and order on the first place. Differently, the conflict between the lawyer and the litigant is mainly conflict of interests Through analyzing the causes of the conflicts, the author intends to find solutions to them. The author believes that china, referring to the experience of the western countries, should improve the legislativesystem, establish a community for the professional lawyers and improve the system of lawyers so as to solve the conflicts, to protect the socialist legislative institution, the legal rights of the litigants and the profession of lawyer...