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A Study On The Perjury Of Lawyer

Posted on:2016-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:G L WangFull Text:PDF
GTID:2206330461487704Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The right of defense counsel is an important manifestation of human rights protection. Criminal defense is the epitome of a country in the process of rule of law. In 1997,China’s “Criminal law”was added 306 th of the crime of defender or legal reprensentative’s destroying evidence or forging evidence or impairing to bear witness. Thereafter,the lawyers were accused that assumes year by year the trend of high incidence on suspicion of the crime. So that, a series of phenomenon deviating from the rule of law has happened, for example, the deterioration of lawyer’s practice environment, the decline of criminal defense and the imbalance between prosecution and defense.This crime is commonly known as “The crime of lawyer’s perjury”. The law circles have two kinds of voice about the legislative rationality. In 2009, the evolution of “Li Zhuang case” is to a climax about the argument of the crime existence or abolishment. Therefore,the crime research has realistic significance in the rule of law.This paper takes the legislative background and judicial status of this crime is the premise of study, based on the theory of law with guidance, with the gradual analysis of logic thinking.This paper starts with the constitution of a crime,for further comparison of the crime problem.Thus this paper proposes legislative defect of crime,thinking about the perfection of the legislation of this crime to cancel.We look forward to bring some inspiration to improve our criminal legislation, improve the lawyer’s practice environment, reform and promote the rule of law.
Keywords/Search Tags:The crime of defender or legal reprensentative’s destroying evidence or forging evidence or impairing to bear witness, The crime of lawyer’s perjury, The lawyer perjury behavior, The right of defense counsel, Balance of prosecution and defense
PDF Full Text Request
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