On The Guilty Of Defender Or Legal Representative's Destroying Evidence Or Forging Evidence Or Impairing To Bear Witness

This article introduces the art.306 of the criminal law at first, then explain the origin of the legislation and the determination of the accusal of it. The object of the crime is complex, which disturbs the criminal procedure of the judicial departments and destroys our defending system; in the impersonal aspect, the offender does harm to give evidence in the criminal lawsuit; the subject of the crime should be special natural person who are the defenders or legal representatives; the subjective attitude is direct intention. The subjective respect of it can be not accomplished. The art.306 prescribes tow kinds of the extent for measure of criminal punishment. The article give a complete analyze to this crime from legal principle, the art. regulate, judicial practice. I think we should establish some indemnificatory regulate in substantive and procedural law to fetch up the legislation defects. From the substantive law angle, the legislature should amend the criminal law to restrict the field of the crime at first. Then the critical judicial explanation should be regulated to normalize the intangible concepts. From the procedural law angle ,I consider the lawyer punishment machanism as the prepositive procedure in investigating the criminal responsibility. I think it is necessary to regulate some special system including the obviation procedure. It is also necessary to determinate the criminal responsibility exemption principle. At last, it must set up the discovery and disclosure proceeding.