The Study Of Defense Lawyer Immunity In The Criminal

Lawyers immunity is a lawyer in the course of their practice, especially in criminal defense shield. As a special job, the bar, facing the risk is obvious. How to effectively protect the personal rights of lawyers from unlawful infringement, not only the individual lawyer faces huge challenges, but also the normal operation of the social order, justice done, fair highlights are of great significance. For lawyers in the judicial practice, give full play to its function and role, we must establish a set of lawyers with Chinese characteristics, immunity system, so that lawyers in a fair premise, in a safe environment, in just the encouragement, for the safeguard the rights of the parties for the realization of social justice efforts.From the paper structure, the article by the introduction, four parts of the body, conclusion form.Introduction to the argument of this paper summarizes the background introduced on topics related to this research status at home and abroad, carding, and then describes the idea of this research, methods and content, and innovation of this thesis.The first part, "defense counsel in criminal proceedings immunity Overview".This section expounds the immunity defense counsel established the theoretical basis and practical application of foundation, trying to build our immunity system and the development of a theoretical argument.The second part of the body, "defense counsel in criminal proceedings the contents of immunity".Defense system, the existence and development of immunity system, a prerequisite for the establishment and improvement, so the contents of immunity defense lawyer and how to better safeguard the legitimate rights and interests of the parties, how to guarantee the right of defense Lawyer smoothly, how to protect defense counsel from the exercise of the right of defense against being inextricably linked to the illegal. This part of the main comments from the trial defense counsel's immunity, telecommunications immunity, immunity to testify made three described and analyzed.Body of the third part, "Our criminal defense lawyer in the limited immunity".The influence of traditional culture of China, the Law of legislative immunity system is lagging behind. In our existing criminal law system of defense counsel's immunity has many restrictions, mainly in our investigation no evidence of defense counsel to make appropriate exemptions, but restricted from the system level, the exercise of this right of defense counsel, in addition to also includes the exercise of defense counsel and the trial testimony immunity immunity speech restrictions.Body of the fourth part, "Our criminal defense lawyer in complete immunity" The establishment of a system requires the courage and wisdom of legislators, need to improve a system's life experiences and practical test. This part of the main defense lawyer from the establishment of immunity and the establishment of the reality based on the need for immunity defense lawyers start for our complete immunity defense counsel made constructive comments and suggestions.The conclusion part is the summary of the full text, discusses the innovation of this paper and inadequacies, and further research papers were reviewed.In this paper, the literature review, comparative study, social analysis and other research methods, trying to immunity for our defense establishment and improvement of the system to provide a theoretical basis and practical experience, to make systematic, scientific system for the defense lawyer immunity judicial practice in China has played the role of escort.