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On The Influnence Of Enforcing The New Lawyer Law To Amending The Criminal Procedure Law

Posted on:2010-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X J ZhuFull Text:PDF
GTID:2166360272993413Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The new Lawyer Law had been amended and approved on October the 28th, 2007.And the new Lawyer Law started to enforce from June the 1th, 2008. Compared with the old Lawyer Law, the new Lawyer Law substantially increases the content of the right to defense. And it can effectively solve a lot of problems in the lawyer's practice ,such as the violation of the lawyer's rights to meet and communicate the suspect, to read the case record and investigate .And we must pay attention to that the new Lawyer Law had established the lawyer's immunity in the occupational activities. Before the amending of the Criminal Procedure Law, we amend the lawyer law, it has positive benefits. But it will result in much Legal confusion. At the same time, the new Lawyer Law itself has a lot of defects and deficiencies. The Criminal Procedure Law cannot protect the defense lawyer'right fully. So it need us perfect our law while amending the Criminal Procedure Law. In the main text. It includes three parts. The first chapter is the legal hierarchy between the new Lawyer Law and the Criminal Procedure Law .The second chapter is the completing and defects of the new Lawyer Law .It includes four parts: First,the lawyer's rights to meet and communicate the suspect. Second, the lawyer's rights to read the case record. Third, the lawyer's rights to investigate .Fourth, the lawyer's immunity in the occupational activities. The third chapter is the influence to amending the Criminal Procedure Law. We hope the amending of the Criminal Procedure Law can solve the problems in the new Lawyer Law. Protecting the rights of the defense lawyer, the suspects and the defendants...
Keywords/Search Tags:the Lawyer Law, legal hierarchy, right to defense
PDF Full Text Request
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