Study Of The Lawyers' Rights And Obligations System In Contemporary China

It is now an era of human rights and rule by law. Human oriented, respecting and safeguarding human rights and safeguarding rights are basic ideas as well as basic spiritual orientation today. To safeguard the rights and benefits of the lawyers is an integral part of safeguarding rights in a society ruled by law.Since reform and opening to the outside world, an all-round socialist legal system construction has taken place in China and certain achievements have been made. Consequently, the legalization process of our country has been advanced. The lawyers'system and the lawyers'rights and obligations system is an important part of the whole legal system. It helps to standardize the occupational activities of the lawyers, realize the lawyers'rights and obligations, and promote the safeguarding of rights and benefits of lawyers. In a sense, whether the lawyers'rights and obligations system is perfect is one of important signs of the degree of socialist legalization.In the author's opinions, in an era of rule by law, to establish and perfect a characteristic lawyers'rights and obligations system is a major subject of system construction, an important task of construction of rule by law, and the foundation for safeguarding human rights in a country ruled by law. Just like the construction of other systems, the construction of the lawyers'rights and obligations system is a comprehensive, multi-dimensional, systematic project, integrating ideas, systems and legal practices and involving the synchronous construction of systems, culture and legal practices. China today shall, following the ideas of human oriented, human rights first, law first and system first, establish and improve a justified lawyers'rights and obligations system with Chinese characteristics through updating ideas and system reform and construction so as to form a mechanism for safeguarding the lawyers'rights and obligations and promote the construction and development of the socialist legal system with Chinese characteristics.In this dissertation, the author's study on the Chinese lawyers'rights and obligations system centers on the lawyers'litigation business, specially the issue of lawyers'rights in criminal defending activities. Based on the Civil Procedural Law of the People's Republic of China, the Criminal Procedural Law of the People's Republic of China and the Administrative Procedural Law of the People's Republic of China, and in light of the author's legal practices for several years, the author probes how to perfect the lawyers' rights and obligations system in China today. This dissertation consists of introduction, body and conclusion. The body is made up of five chapters.In Chapterâ… , the author discusses the connotation and essentials of the lawyers'rights and obligations as well as the rights of the lawyers as common people and their rights as a special professional group.In Chapterâ…¡, the author probes the constituents of the lawyers'rights and obligations system in our country as well as its right system, obligation system, occupational system and safeguarding system.In Chapterâ…¢, the author analyzes the status quo of the lawyers'rights and obligations system in our country and points out: certain achievements have been made in the construction of the lawyers'rights and obligations system, which lays system foundation for safeguarding the rights and obligations of lawyers; however, due to various reasons, the lawyers'rights and obligations system has its inherent defects, which need be improved urgently.Chapterâ…£is the core of the dissertation. It discusses the perfection of the lawyers'rights and obligations system systematically from perspectives of standardization of rights, legislative guarantee, procedural guarantee, judicial safeguard and the occupational system of lawyers. The author concludes, to establish and perfect a characteristic lawyers'rights and obligations system is a major subject of system construction and an important task of construction of rule by law. Only through the construction of a justified, reasonable, systematic lawyers'rights and obligations system, can the rights and obligations of the lawyers be safeguarded and the legalization and systematization be accelerated.In Chapterâ…¢, the author discusses the construction of lawyers'culture, which is the spiritual basis of the lawyers'rights and obligations system. In the author's opinions, a system has its inherent cultural source. If a system were a skeleton, such cultural factors as idea, spirit and value would be its soul. Without inherent cultural basis, it will be difficult to perfect the lawyers'rights and obligations system. The rationality of law and legal professionals and the belief lawyers is a basic part of the lawyers'culture and of much cultural meaning towards the establishment and perfection of the lawyers'rights and obligations system.