On The Relationship Between The Defence Counsel And Litigant Several Issues

Lizhuang case which absorbed nationwide attention in legal profession ended up with Li's acknowledgement. But there are still something need thinking about, for example, the communication content between the defense counsel and the litigant, whether the litigant could impeach the defense counsel by taking the communication content as the evidence; how could we deal with if the litigant impeached the defense counsel in practice, what influence this will bring to our criminal defense service; If the accused person admitted his guilt, the defense counsel could continue to defense for innocence, to what extent does the defense counsel independent of the litigant. While our criminal defense service is on the verge of collapse, Lizhuang case has an important effect to the criminal defense. We try to combine the three problems between defense counsel and the litigant with the"law on lawyers"and the"criminal procedural law"to discuss the relation between the defense counsel and the litigant, also to offer some suggestion to the relationship between the defense counsel and the litigant; these are what we'll do to make some useful discussion on building up the relationship between the defense counsel and the litigant..This article includes four parts, and there are more than 20,000 words:The first part: it is about the rights and obligations between defense counsel and the litigant. According to the analyses on the rights and obligations between defense counsel and the litigant, I have analyzed the behavior of the litigant who impeaches the defense counsel from the existing law, and then we go further to elaborate the negative influence the litigant's impeachment have on the trust relationship and the criminal defense service.The second part: it is something about the defense counsel's independence of the litigant. This part analyzed the defense counsel's independence of the litigant according to the criminal procedure. Thinking that during the criminal procedure, in order to maintain the litigant's legal rights and on the base s of the social justice, the defense counsel of the criminal procedure must have higher independence than of the civil procedure. In my opinion, when the defense counsel and the litigant have different view during the criminal procedure, I think the defense counsel could defend for innocence when the litigant has acknowledged.Part three: it is about the communication between the defense counsel and the litigant. This part is mainly about the new"law on lawyer"which has some problem on the defense counsel meets the litigant when it implemented, the defense counsel's right of meeting the litigant is obstructed. In addition, after analyzing the communication content between the defense counsel and the litigant, I think that the law should not impose restriction on the communicating content., and the communication content can not be the evidence that to accuse the defense counsel for giving the false evidence and obstructing to give evidence.Part four: how to build up a relationship between the defense counsel and the litigant. in response to the problems that have presented in former parts, we come up with some suggestion: perfecting the lawyer's right of immunity ;giving privilege to defense counsel to refuse to giving false evidence; completing the legislation of communication rights; enhancing the defense counsel's confidentiality; strengthening the defense counsel's professional accomplishment; improving the defense counsel's occupational image and the behavior that the litigant impeaches the defense counsel, and so on.