Research On The Right Of Criminal Exemption For Defense Lawyer

Firstly, the introduction of Li Zhuang case is discussed. With a large number of criminal case's trial, the activity of "hit the gang Dom" in Chongqing was ended, in this activity, Li Zhuang, the defense attorney of Mr. Gong, was prosecuted for criminal responsibility. Li Zhuang was eventually sentenced by Chongqing first intermediate people's court to imprisonment as "crime of perjury" for one year and six months. Why Li Zhuang case has widespread effects in the whole country? not only he was the defense attorney of Mr. Gong, but also the article 306 of criminal law, the article 306 of criminal law is known as "the lawyer perjury", since 1997, many lawyers was sentenced for it, for example, Zhang Jianzhong, Chen Yibing, and so on. The article 306 of criminal law has become the "The Sword of Damocles" of lawyers. It seriously threats the personal safety of lawyers. Many lawyers and specialists have paid more attention to Li Zhuang case. How to protect the rights of lawyers? In criminal litigation lawyers have the right of criminal exemption? How to construct a lawyer's right of criminal exemption?...This paper tries to present a system of the right of criminal exemption, it will protect the personal rights of lawyers, protect the litigation rights of lawyers, make him perform defense duties, protect the lawful rights of parties.Finally, the judicial justice will come true.The first chapter discusses:what is the right of criminal exemption for lawyer? The right of defense is one of the basic rights of citizens. In criminal litigation, criminal suspects, defendants except him, still can defense lawyers, lawyers' duties are to make the party innocent or less guilty, safeguard the legitimate rights and interests of parties. However, due to the existence of article 306 of criminal law, in the activity of defense, since the carelessness of lawyer, he or she will be sentenced for crime of perjury. Because their personal rights lawyers are not protected, how can he protect the party? Therefore, in order to protect the rights of the party, we must give lawyers various professional rights--the right of criminal exemption. After discussing the concept of right of criminal exemption and its characteristics, because the right of criminal exemption is imported goods, so we should learn form other countries, For example, USA, UK, France, Japan, UN, and so on. Then we discuss the right of criminal exemption from two aspects:Legal status and theoretical debate. Article 37 of Law of lawyer firstly provided the right of speech exemption. Theoretical debate mainly surround three questions:whether the right of criminal exemption only exists in the court? Whether the right of criminal exemption only includes speech? Whether the right of criminal exemption only includes crimina responsibility?The second chapter discusses:Why we should give defense lawyer the right o criminal exemption? Firstly, we discuss the reasons of the right of criminal exemption, in other words, the value foundation or theoretical basis of the right of criminal exemption Today, the human rights are attracted more attention, in the criminal litigation, the situation is same. When defense attorney own the right of criminal exemption, he or she can fearlessly defense, protect the rights of parties. The fault of our country's criminal litigation mode is that it's not balanced between the accused party and the defended party. In order to balance two parties, we must give defense attorney the right of criminal exemption Judicial justice is one of the basic objectives and value, including entity fairness and procedural justice. Last but not least, we discuss the value of the right of criminal exemption, There are four main aspects:it can help us to understand the nature of lawyer system and lawyer profession; it's helpful for lawyer to protect their legal rights, reduce the risk of profession; it can help us to develop the mind "balance of the accused party and the defended party"; it can empower the status of defense attorney in criminal litigation, and become the real subject of litigation.The third chapter discusses:How to improve the right of criminal exemption? Firstly, we should clarify the reason to the lack of the right of criminal exemption in our country-the fault of traditional legal culture in china and the fault of the mode of criminal litigation. I try to construct the right of criminal exemption for defense lawyer in our country. Finally, How to improve the right of criminal exemption? The advices as follows: Firstly, we should change the view of defense attorney, abandon some prejudice and discrimination, and realize that the lawyer system is an important part of China's judicial system, defense attorney play important role in criminal litigation. Lawyers push th development process of legal system in China. Secondly, we should perfect related law including Lawyer Law, Criminal Law, Criminal Procedural Law, and so on. Thirdly, we should distinguish "the right of criminal exemption" from "crime of perjury", it's important and crucial in judicial practice. Last but not least, in business of lawyers, we should strictly distinguish legal problems and moral problems; distinguish rule responsibility and criminal responsibility, we should eliminate the phenomenon:some lawyers are wrongly prosecuted for criminal liability. As a result, we should perfect the procedure of punishment, create a good judicial environment.