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Value Analyses Of Lawyer's Right In Criminal Suit

Posted on:2004-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
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It lays the social basis for the criminal defence system of modern times that the binary society structure of civil society and political state exist side by side. The lawyer's right in criminal suit is the expression of the essence of law of the binary society structure that is as a thing, and the interests and the needs that the material production engenders. Civil society has the power to take part in the criminal judicature through the jury and lawyer entering into the case because the binary society structure requires that civil society should decide the political state. The lawyer's role has very great significance to civil society without the jury in criminal suit. Civil society participates in the criminal judicature in order to preserve its member from illegal infringing of state and protect itself by the preservation. Therefore, the lawyer's right is in fact the power of civil society helping its member in criminal suit, the participating, restricting and supervising power to the penal power of state in criminal judicature. In such a social structure, the right departmentalism should be established in the legal system and the constitutionalism should be practised so that the state power is restricted for safeguarding the citizen right, and at the same time, the relationship of the binary society structure should be maintained so as to keep the action bounds between civil society and political state, which is realized through the restriction that the lawyer's right is exercised to create to penal power. The lawyer's right just gets its moral value from above functions .The restriction that the triangular construction of modern criminal suit reflects to the penal power and the justice that should be brought about in procedure and substance ofpenal judicature are the demands of ideal relation in the binary society structure. The defender is a basic part in the suit construction and his right plays a very important role in its stableness and function. So, the right directly supports the separation of accusation and judgment, the equality between procurator and defender, the judicature supremacy and centralism of judgment. The lawyer's right of criminal suit is of obvious effect on the procedural and substantive justice. Besides, the lawyer's right has independent value, which just shows at its existing and exercising in criminal case. In the article, the author has given some analyses to the present condition of the lawyer's right in criminal suit in China, and has made some proposals on its improvement.
Keywords/Search Tags:binary society structure of existing side by side, lawyer's right of criminal suit, analyses of value, present condition and improvement
PDF Full Text Request
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