On The Independence Of The Defense Lawyer' Litigation Status

Marked by the modify of criminal procedure code in 1996, a unprecedented reform of criminal judge system has happened in our country .the content of the reform is: instead of investigating the case positively, the judge has become independent, and the defend lawyer equals to the accuser. So to some extent whether the defend lawyer is really independent is related to the success of the reform and it also can reflect the extent of our civilization .So we try to describe the independence of the defend lawyer and construct a frame of it in this article from different angles: the concept, the value and current situation of the independence of the defend lawyer.The independence of the defend lawyer is generated from the development of human society in other word, it is inevitable in the development of historyThe concept of the independence of the defend lawyer is the defend lawyer must keep independent consciousness and make judge, defend for the clientele independently. Also they must not be affected by the clientele, power and the other people. The defend lawyer should stand alone among the clientele, the judge and the investigator. In order to construct the system of modern criminal suit, we must assign the independence of litigation position to the defend lawyer which can realize the value of criminal suit and also can protect the legal interests of the clienteles.The lack of the independence of the defend lawyer is effected by the legislation, judicatory system and personal concept in our country .To solve this problem, we must think highly of it and construct the frame of independence of the defend lawyer according to the system of legislation and judicatory...