On The Status And Rights Of Defence Lawyer

The criminal defend is an important tache in criminal litigation. The lawyer is an important main body in exerting defend function. The lawyer's status and rights in criminal litigation influences the degree of defend function straight, conditions the science nature and democracy nature of criminal litigation structure, performs an important function on suspect and defendant's human rights. In China ,the Criminal Litigation Law and the Lawyer's Law have some fundamental rules on lawyer's status and rights, but there is some limitation. The prejudice against lawyer's status and rights in criminal litigation influences the lawyer's defend function. We -should perfect it.I will put the lawyer's status and rights in differ phases of criminal litigation and think it that the lawyer's status and rights is changing in differ phases.There are six parts in the writing. The first part is "Toreword".The theme of defence lawyer's status and rights is elicited via the drop of rate that the lawyer appears in court. The second part is "The boundary of defence lawyer's status and rights".In the part, the bound is defence lawyer's status and rights in public prosecution case from the notional introduce. This part introduces the connection between the status and rights. The third part is "The defence lawyer's status and rights in differ phase". Via comparative means, we will find some use for reference from the introduce and analysis of the defence lawyer's status and rights between in England, America, France, German and in China . The forth part is "The reason of the defence lawyer's status and rights in China". There is structure limitation ,ligislation limitation, the function of history tradition culture and lawyer's himself reason. The fifth part is "The thinking of improving the defence lawyer's status and rights in China ".In the part,I bring some advice forward. The sixth part is "Epilogue".The right acquaintance of defence lawyer's status and rights will benefit the criminal litigation structure, condition the judicature effectually, protect the human rights, and realize society justice.