An Analysis Of The Phenomenon Of Chinese Lawyers'

Along with the continuous development of market economy and the gradualenhancement of people’s legal consciousness in China, the amount of law casesincreases by years. Meanwhile, the more confrontations between lawyers and judicialauthorities appear. However, in reality, the main confrontation is between lawyers andjudicial organs.This thesis aims to analysis this phenomenon from the perspective ofjudge-defend relationship. The suggestions to the solution of lawyer’s “nevercompromise” phenomenon, such as complete relevant system, guarantee lawyer’spractice rights, improve lawyer’s practice level and quality, standardize theexclusionary rule of illegally obtained evidence of procuratorial organs, and enhancejudges’ professional ability and capacity can help to solve the problem.The conclusion of this thesis is that although the lawyer’s “never compromise”method is sometimes likely efficient in solving cases, it brings harm to thedevelopment of lawyers in the long term. Meanwhile, it isn’t compatible with theworld’s criminal procedure’s growing trend. All over the world, the fourth criminalprocedure reform with the principle of accusers-accused confrontation subject toaccusers-accused cooperation has come out. As lawyers who are the very importantmember in building the ruled by law system should have the consciousness toundertake more obligations, especially in the background of the theory thatestablishing a ruled by law, peaceful and beautiful China.