| Since the renewal of Chinese lawyer system, the criminal defense has made certain progress. However, with the modification of the criminal procedural law in 1996 and the criminal law in 1997, criminal defense in china has confronted unprecedented challenges: defense lawyers'rights don't get full guarantee; the function of defense lawyers has been obviously weakened; the lawyer's status is far below the prosecutors'and the judges', what's worse ,defense lawyers are still facing the high practicing risks which have the features of being historic, common, vocational revenge, etc.., and do great harm to the cause of Chinese criminal defense.The reasons for the risks of criminal defense include the backward criminal litigation notions, the deficiency of the lawyers'practicing rights protection, the defects of the article of criminal law and the lawyer's own low quality, etc. The massive risks of criminal defense lawyers directly cause a lot of lawyers to refuse the defense business and then cause the sharp decline of the defense ratio in criminal cases, which mean a great disaster to the Chinese cause of rule of law which has just started. To prevent from the risks of defense lawyers, first we should establish the right notion of criminal litigation; Second, we should eradicate or limit the 306th article of criminal law's restriction; Third, we should actively perfect the rights of defense lawyers practicing law; Fourth, We should improve the defense lawyers'disciplinary system, standardize the procedure of prosecuting the lawyers for criminal liability; Last, the defense lawyers should still improve the their own practicing level, their abilities and professional ethics,keep cautious to the risks of law practicing.
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