A Study On The Perfection Of The Defender Of The Defender And The Litigation Agent

Criminal law as a crime and the penalty provisions of the law, has its historical,social and class nature and other features. China’s criminal law carried out in1997ofthe "overhaul", in addition to deleting the words such as "counter-revolutionary crimes","hooliganism" and other political and legal boundaries is not obvious or does not meetthe reality of social development charges, but also the "Times" increased many charges,such as Article306on the agent ad litem in this study involved the destruction ofevidence, fabricating evidence, testimony prejudice to the provisions of sin. It providesnot only pay attention to the theory of law, in the administration of justice in whichthere have been prescribed for a "unique understanding and interpretation", existingcase law also increased the community which provides a "confused." In this study,discuss and elaborate on this issue.The article is divided into three parts: The first part introduces agent ad litemObstruction of Witnessing the legislative background, the offense is set up to cater tothe beginning of the new "Criminal Procedure Law" and "Lawyers Law" on the right toincrease the96-year defender the terms and14years exposed more and more problemsin the provision of practice, especially for criminal defense lawyers, this is a swordhanging over the head. Relevant legislation from the perspective of foreign to the crime,the crime of obstruction of justice are generally the main body.In the second part of the article, to the judicial application of the crime as an entrypoint by applicable chart statistics reflect the status of the crime. According to theanalysis in the first part of the offense constitutes a crime, I believe that the legislativeand from three aspects: First, the main scope of the special issue of the crime. Body outin criminal proceedings outside the criminal defender also includes public security,procuratorial organs, and its right to collect evidence of behavior that are more prone tothe objective of the Act; Second, objective behavioral boundaries for the offense is notclear, with case analysis specific differences with its sin, discusses the definition of theact can be ambivalent and its adverse impact on the criminal trial. The third aspect, theproblem of sin in relation to the crime by sentencing statistical tables reflect the crime sentencing standards are incompatible with the judicial practice.Refinement of the method of the third part of the article gives suggestions from thelegislative and judicial levels. Suggestions for criminal acts preceding the main issuesand the second part of the objective of the proposed legislation for the purposes of thelegislative level, combining study and improve foreign-related legal inadequacies ofSection306of the Penal Code. For the purposes of judicial level, the establishment of acriminal lawyer exemption system to regulate the activities of criminal proceedingsagainst the abuse of Article306of the Penal Code, to achieve the purpose of publicaction and efficiency, and earnestly safeguard the legitimate rights to protect a goodcriminal defense counsel, legal representatives.