The Treatise Of Indemnity Of China's Advocate's Right Of Defense

The word "defense" is the proper nouns in criminal litigation in the legal sense. The emergency of the advocate's right of defense is based on the defense of criminal suspects and defendants.The advocate's right of defense is a democratic right given by the law to make lawyers to help criminal suspects and defendants in criminal proceedings.The situation of the advocate's right of defense reflects the civilization of the rule of law of a country,and the construction of human rights.This paper includes the following four aspects:The first part is introduction that is a summary about the background and significance of this study.From the legal system and judicial practice,before the new lawyer law appears,China's advocate's right of defense has serious problems such as inadequate protection and the lack of relief.Chapter IV of the new lawyer law provides a special advocate's right of defense in all aspects,which has some deficiency with tremendous progress.And the domestic and foreign research status of the advocate's right of defense are analyzed and summarized.The second part starts with the definition of the meaning of the advocate's right of defense,for analyzing it.And then focus on discussing the theoretical basis of the advocate's right of defense deeply.The value of the advocate's right of defense includes the protection of human rights,procedural fairness and the balance between the prosecution and the defense.The third part is a summary about the status quo of the missing of China's advocate's right of defense before the lawyer law revised,discussed through six aspects. China's protection of the advocate's right of defense dose not complete the relational legal system,when the lawyers exercise the right to defense given in accordance with the law in judicial practice,they have faced the layers of obstruction.So they can not give legal assistance to the suspect and the defendant practically.The fourth part is the focal point of this paper.From the solution of the "third difficult" problems in the advocate's right of defense,the new lawyer law stipulates the advocate's right of defense in all aspects progressively,which influences the amendment of China's matching laws such as the Code of Criminal Procedure and so on.At the same time,the new lawyer law is a product by China's legal system contacts with the world continuously.The fifth part,legal imperfection creates the law to a dynamic self-improvement process in adaptive process of social development.After the enactment of the new lawyer law,the status quo of China's the advocate's right of defense still have kinds of problems.By widely praised,the new lawyer law has some imperfect aspects.In this section,four-point proposal are brought forward from both macro and micro sides, based on the analysis of the flaw of relevant laws.Expect this paper can contribute meagerly to the completion of China's the advocate's right of defense and the impediment of the strategy for the rule by law.