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On The Exemption Right Of Defense Lawyer

Posted on:2011-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
In our country, lawyer plays an important part in mainting social justice. Especially, in the criminal proceeding, defense lawyer as a party to provide protection for vulnerable working groups, is a construction of meaning to balance the relationship of power and right. However, the lawyering's particularity and the restraint to county's power decide that defense lawyer play an important role, at the same time they are confronted with great risk of the profession. In judicial practice, defense lawyer's personal rights and litigious rights can't be protected, the legitimate rights and interests of them are violated frequently. Accordingly, in order to ensure defense lawyer to prevent the risk of the profession, to fufill defense duties actively, to realize the equality rivalry between defense lawyer and judicial authority, it needs good social environment and construction of interrelated systems. The defense lawyer system this paper discussed is one of the systems.The new lawyer law formulates court statement's immunity, but it is not formulate the immunity of defense lawyers. In view of the current status of the legislative and judicial status, it is necessary and urgent to endow the defense lawyer immunity. The paper is focused on the structure of our country's defense lawyer immunity, by analysis the basic theory and details of the defense lawyer immunity. I hope that this system can be established truly, can improve and develop constantly.The whole thesis is divided into three parts: First of all, it gives an academic definition of defense lawyer immunity itself. on the basis of different understandings on defense lawyer immunity ,combining our current status of the legislative and judicial status, it gives an academic definition of defense lawyer immunity, analyses its characteristic and reviews the defense lawyer immunity's value and existing theory. In this part, it is mainly study the defense lawyer immunity's value from substantive justice to procedural justice, and then discuss the existing theory of defense lawyer immunity. Secondly, it gives deep analysis on the content of the defense lawyer system. In the part, it is mainly focused on lawyers speech immunity,witness immunity,and adduction immunity,examination immunity to analyze constitute of the defense immunity, the defense lawyer immunity should be interpreted as when defense lawyer discharge of there duty, give a defense speech or implement action, they wouldn't be held liable, at the same time, the immunity of the defense lawyer is not absolute, it should be exercised within the limit of lawfully permitted.Finally, combining our country's the current status of the legislative and judicial status, discuss how to make our country's defense lawyer system perfectly. In the part, it takes the court statement's immunity of the new lawyer law as pointcut, takes the practice of our current situation in which our country's defense lawyer placing as basement, proposing three thoughts, including, making the defense lawyer more perfect, abolishing the article of the lawyer perjury and improving the law disciplinary process, hoping that open a few minds for the future legislators.
Keywords/Search Tags:Criminal proceeding, Defense lawyer, Immunity rights, lawyer's rights
PDF Full Text Request
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