On Lawyers' Right Of Criminal Defence Exemption

As a procedural legal privilege for defence lawyer, the right of criminal defense exemption is generally accepted in western countries. However, this right is absent in our country. Thus, it is necessary to grant the right not only for the requirement of antagonizing and balancing the accusing party and the defencing party, but also for the protection of lawyers. The value of this right embodies justice prior order, and pay attention to protect private interest before the national interest. The function of this right lies in protecting human right and limiting government power. Because of the conflict of justice and order, national interest and private interests, the government should make its choice. Therefore, the content of lawyers right of criminal defense exemption should be legally defined and limited. It should be renovated, reformed and consummated on conception, justice system, laws, lawyers' chasten system and so on. Contemporarily, it is necessary to intensify the lawyers' education and improve their quality so that fully realize the value and function of lawyers' criminal defence exemption and reduce its negative influence.