The Study On The Safeguard Against Lawyer's Rights And Interests

In china, the protection of human rights has been added into newly revised constitution. To take strong measures against crimes and to protect human rights are two aims of criminal procedure, while to build and perfect counsel institution is one of the main ways to protect human rights. But during the course of judicial practice, since the criminal Procedural Law revised on January 1st, 1997 was put forward, the lawyers' basic rights and interests can't get protected, so it gets more and more difficult to perform their jobs. The limits and infringement towards lawyers' rights and interests in criminal procedure directly affect the degree to which country protects the prosecutor's human rights, and this state should be changed as soon as possible. In this paper, the author, using the method of positive analysis and beginning with lawyers' existing state in this city, carried out the research into the problem of protecting lawyers' rights and interests from four aspects. The first chapter deals with the importance of lawyers' participating in criminal defence. The second chapter talks about exact manifestation of difficulties which the lawyers face. The third analyzes the reasons why it is difficult for lawyers to carry out their jobs. The fourth discusses the lawyers' safeguard mechanism of rights and interests. The author, through investigation, induced the difficulties which lawyers of this city were confronted with when carrying out their jobs from five aspects, and based on that, made a thorough analysis towards the internal and external reasons why criminal lawyers can't carry out their jobs easily. Then the author put forward four measures to protect the lawyers' rights and interests. First, the socialist legal idea should be reinforced; second, the system of criminal defence in China should be constructed according to the criteria of international conventions; third, scientific safeguard mechanism of protecting the lawyers should be built; finally, the lawyers' quality should be improved. The author, using the above measures, hopes from such aspects as idea conception, legal institution, protective measures to perfect China's criminal judicial institution, especially the defence institution. So China's criminal law can be correctly fulfilled, the lawyers' rights and interests can be effectively guaranteed, the human rights of criminal suspects and defendants can be completely protected, and the process of governing the country by laws can be steadily carried forward.