On Equality Between Prosecution And Advocacy And Proceeding Position And The Rights Of The Advocating Lawyers In The Penal Proceedings Of Our Country And Their Protections

Lawyer's Advocacy is one of the indispensable parts of penal proceeding system, and the major means for defendants to enjoy the right of advocacy. Equality between prosecution and advocacy is the significant guaranty for the defendant's human right and judicial justice. A series of documents passed by the United Nations have clarified the measures to realize the equality between prosecution and advocacy, they also specifically ascertained the proceeding status of the attorneys and their rights. To realize the equality between Prosecution and Advocacy, it is absolutely necessary to bestow the attorney the independent principle status and ensure their rights in penal proceedings. Nevertheless, the present status quo in China of the rights and positions of the advocating lawyers in penal proceedings is quite upset and is far from the demands on the equality between prosecution and advocacy. As a lawyer, the writer in this article put forward some concerned proposals to promote the perfection of the penal proceeding system bases on the concept of equality between prosecution and advocacy and the introduction and the analysis of the present status quo of the position and rights of Chinese advocating lawyers in penal proceedings.