Research On Several Problems Of Lawyer's Perjury

In April of 2008,the author worked in a law firm and accompanied with a lawyer to a calabouse to meet the client.After the meeting the lawyer sighed with all sorts of feeling and said:" I always think i will be the client someday." The lawyer's words let me realize lawyer's criminal danger and draw my attention to the lawyer's perjury.The article 306 of criminal law made lawyer in an awkward situation. Is the description problem of the article 306 of criminal law or the practical problem lead to the situation ? How to dispel harmful effects ? These confused and urged the author to write this dissertation.The author enter the network( www.cnki.net) and search for" lawyer's perjury"," article 306 of criminal law ","the defender forges the evidence " .Finally,the author found 65 relevant materials in the periodical full text database , 20 in the Master's academic dissertation database and 0 in the Doctor's academic dissertation database. As a master's academic dissertation, the paper should make some innovation to some extent. this paper just have break-throughs in the following several points:31 cases of lawyer's perjury in which the lawyer was adjudicated guilty since 1997 is shown by means of chart. The number of lawyer's criminal defence in recent years, listed in the chart after consulting Chinese law yearbook . It is convenient to compare. The article has an obvious criticism style wholly.The article is divided into five chapters altogether: Chapter one, explain the legislative backgrounds and practical situations of lawyer's perjury mainly.There were several modifications of the clause of lawyer's perjury, but the result in current has violated legislators'original intentions:The relationship between procurators and lawyers got to worsen. Lawyer's professional risk increased.Chapter two, the constitutive elements of the lawyer's perjury. The subject of crime .Whether lawyers who in investigation stage could be the subject of crime. Whether subjective aspects of the crime could include indirectly purpose. The object of crime are normal activity of the judicial authority and criminal defence system. The objective aspects of crime .Chapter three, review the question of the existence of lawyer's perjury.conflicting with citizen's right to defence. The number of criminal defence drop continuously. Many lawyers have been put in prison.China presents criminal defence crisis now. The establishment of lawyer's perjury was formed in unequal way, and has violated the modest restraining trend of criminal law.Chapter four,from the comparative law angle. List relevant regulations of other countries,such as Japan,France,Italy, Russia, Great Britain ,U.S.A., Canada.Chapter five, perfect lawyer's relevant systems and revise lawyer's perjury.Set up lawyer's protection of secrets system,jurisdiction and avoidance system,lawyer's criminal immunity system. Combine article 306 of criminal law with article 307 .Set up lawyer's discipline system.