On The Lawyer's "Three Hard" Problems Of The Criminal Defense In China

Since the 30 years'redevelopment of the lawyers'system in China, the lawyer team in China expands unceasingly. It plays a positive role of the establishment and improvement of the lawyers'system for China's socialist economic and social development, prosperity for the continuous improvement of the construction of democracy and the rule of law, balancing the equal status, ensuring judicial fairness and justice, ensuring and maintaining the criminal suspects and defendants, and procedural rights for more effectively cracking down on crimes and protecting people. We can say that if there is no the establishment and improvement of the lawyers' system, there will no the orderly and harmonious socialist legal system or the prosperity of socialist market economy.In China, The criminal procedural law and lawyer law, with the basic laws of the form, further clarify and regulate the lawyers in China in the process of criminal litigation rights and obligations, and give our lawyers the rights in different stages of the litigation, including meeting, communication, marking, investigation, evidence collection, and defending, etc. It improved our criminal justice system in the legislative level.At the same time, in judicial practice, on the one hand, the relevant legislation only prescribed that the lawyers have the rights of meeting, marking, investigation and evidence collection, but the procedural provisions of the exercise of these rights were not detailed and clear, and the responsibility of public security organs, prosecution organs and judicial organs did not be prescribed when they violated those rights illicitly. On the other hand, based on the thinking concept of criminal law and criminal policy and other reasons, the three organs usually institute rules and regulations that are to interests of they own sectors and are not fully consistent with the basic spirit of Lawyer Law and Criminal Procedure Law. On this account, it can restrict or impede the exercises of litigation rights of lawyers, and resulted in the formation of lawyers "three hard" problem on criminal defense which is more serious, and no effective solution long-term in the field of criminal justice in China.The newly revised lawyer law on the right of lawyers meeting, marking the right, the right of investigation and evidence collection made different degrees of modification. On the one hand it expands the scope of rights, and on the other hand, it simplifies the procedures for implementing the rights. It is hoped to alleviate the criminal defense of the "three difficult" problems brought to the reality of the criminal justice pressure, maintain and protect the suspect and the defendant's personal rights and rights of action, which expresses China's legal awareness and idea of the progress of criminal.But because the conflict in legislation between the new lawyer law and the criminal procedure law formulated 10 years ago, and the legislature does not make specific provisions about how to apply the law on the conflict. Therefore, in judicial practice, the public security organs, the procuratorial organ, the Judicial and the lawyer have different understanding on how to apply the relevant legal norms in the new lawyer law. Moreover, under the consideration of the different legal awareness and the different interest of departments, the lawyer law implemented more than one year, in the criminal defense that lawyers to meet with difficulties and have difficult problem in the investigation and evidence collection, all of them have not been fundamentally solution and also not been improved. In our country, "three hard" problem of criminal defense attorney still is a serious problem which impacts the modernization of China's lawyer system and the criminal justice system.This article is on the background of the new lawyer law. And research into the three hard problem of criminal defense of Chinese lawyer.This article is divided into three chapters:The first chapter is a comprehensive survey of China's criminal defense in lawyers met with difficulty, scoring difficult, difficult issue of the status of investigation and evidence collection, especially since the situation of the new lawyer law. And pave the way to analyze the reasons and solve problems.The second chapter comprehensive analyze the reason of the three difficult problem of criminal defense, from the standpoint of awareness of legal thinking, internal conflicts in law, legislative technicality, hindrance from prosecution, sector interest-driven, quality and ability of lawyer, and so on. And analyze intensively why the problem still can not get a positive and effective improvement, under the environment the new lawyer law has made the positive efforts to resolve this issue.In chapter three, it studies on the background of the new Lawyer law. to seek from public authority, establishment of the worship control thinking, solving the conflict of laws, perfecting supporting system of law enforcement, perfecting the litigation system, constructing new the accused and the defended mechanism, enhancing the procuratorial organs, strengthening lawyers handling capacity, improving self-discipline ability and practicing lawyer overall handling integrity, etc. The ultimate goal gets the positive efforts on relieving and improving our lawyers to defend criminal sanatoriums problem in China and the implementation of the judicial system.