The Research Of Preserve Or Abolish "Perjury Lawyer"

The new criminal code promulgated in 1997 at the beginning, the article 306 provides that the counsel, litigation agent of destruction of evidence, false evidence, the crime of obstruction of evidence arising from a wide range of disputes. As the case of the lawyers in jail because of suspicion of perjury increase, the article also raised the people of theory and the people of practice a high degree of community concern, "This article is called by the lawyer as "a sharp sword hanging over his head", of which most strongly object to the article 306.This article is divided into three parts. The first part explain the advocated for the abolition of "perjury lawyer" and advocating the preservation of "perjury lawyer". The opinion of advocated for the abolition believe that "Perjury lawyer" except in violation of the principle of criminal law and criminal legislation, as well as equality, outside the principle of fairness, also made a criminal defense lawyer at the risk and suffered career was greatly increasing the possibility of retaliation, reduced the enthusiasm of handling criminal cases. The opinion of in favor of retaining the "perjury lawyer" believe that a lack of enthusiasm of lawyer handling criminal cases have no direct contact with "perjury lawyer", and lawyer as a group have special right should take on more obligations.The second part start with the adoption of a theoretical description of the principles of Criminal Law and the "perjury lawyer" does not contradict, from before and after amend the Criminal Code in 1997, the legislative background of the introduction of "perjury lawyer," compared with similar articles, explain reasons of preserve the article 306 of the Penal Code at this stage.The third part Combination with existing criminal law on the article 306 of specific provisions, explain main problems of this article, put forward a number of measures of proceedings and make from the perspective of substantive law to improve the offense.