Case Study Of Lawyers' Rights Protection In The Process Of Criminal Defense

In the criminal procedures, the defense counsels are undoubtedly very important participants, who are facing the conflicts between the public rights and the private rights directly. The fully protection of the lawyers' rights is not only helpful for the better guarantee of a criminal suspect or a defendant, but also meaningful for the construction of a country under the rule of law, while the development of our harmonious society benefits from it,too.Under the present legal system and the judicial environment, the protection level of the defense counsels' rights has been improved, although the defense counsels still face the imbalance between the prosecution and the defense and take the risk of the right violation. In practice, lawyers have difficulties in meeting with their clients and investigating and obtaining evidence. More seriously, the defense counsels often find that they are prosecuted somehow during the legal proceedings. How to fully and effectively guarantee the defense counsels'all kinds of rights has caused the concern of social public.This paper starts from several cases, which lead to the preliminary analysis on the defects of the protection of the defense counsels'rights. Then, compare these rights with the similar rights in the foreign countries from different point of view to illustrate the disparity between Chinese Law and the foreign laws, as well as their influence on the fairness and justice in the criminal proceedings. Finally, through these analyses and comparison, we can get a rough impression of the inadequate protection of the defense counsels' rights, and then put forward several ways to moderate these kinds of conflicts between the prosecution and the defense.