The Litigation Right Of Defense Counsel's Protection In China

In modern rule of law, lawyer plays an important role in the national legal system, the lawyer system development and improvement is a measure of a country's situation and the important symbol of democracy and civilization. The defense counsel is an integral part of criminal procedure system, and it is also the major method for realizing defendant's right to defense. Criminal prosecution and the defense to defend the principle of equality is to be normal, effectively the functions of its proceedings, calling the proceedings a reasonable and legal structure of a scientific theory. It is to ensure that the conditions for effective operation of the criminal defense of the theory. However, China's defense counsel in criminal proceedings in the litigation rights of the current situation is worrying, even far away from it. Such as the right to meet with lawyers, marking the right, the right for collect evidence is often limited; the role of lawyers in the investigation stage is difficult to play; in court the rights are not respected; during the work, the personal right is often violated. Not only lead to prosecution and the defense forces of China's Criminal Procedure inequality, the functions of criminal defense lawyers also makes it difficult to function effectively. Problems which exist counsel has affected our depth of criminal justice reform, therefore, it is necessary to improve the legislative right to defense counsel, and then in the system to protect the rights of defense counsel. In order to really establish a balance between prosecution and the defense structure Adversarial proceedings, give full play to lawyers in the protection of human rights, justice and the special value. This paper uses a perspective of a lawyer, in accordance with the prosecution as equal as the defense, to introduce and analyze the current situation, and then to show several suggestions in order to made to improve our criminal system. Paper consists of four parts, the first part is the basic theory of the defense lawyers'right, and its value to establish law and litigation based on rational analysis. The second part is comparing and studying the Two Schools, in order to defend our country's reform and defense lawyers the right to bring enlightenment and perfection. The third part is the right to defense counsel's analysis of current situation and the reasons for the hope to find out from the reasons for solutions to this problem. The fourth part I is several suggestions based on the concept of equality of prosecution and the defense.