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Defense Lawyer's Rights Protection Research

Posted on:2005-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:X L ChenFull Text:PDF
GTID:2206360152966346Subject:Law
Abstract/Summary:PDF Full Text Request
The system of defense by attorney is of great importance in criminal procedure .To safeguard the right of defense attorney will be benefit for the advocacy system to fully exercise its rule in criminal procedure , and be meaningful to protect basic human right and fulfill social justice as well.The Criminal Procedure Law of PRC in force not only enhance the status and role of attorney ,but also further define the attorney's rights in every litigious stage. However ,there are still some problems .The rights of defense attorney granted by law are incomplete .There are still many limitations on the rights of defense attorney .Corresponding safeguards are absence when defense attorneys are exercising their rights .Furthermore ,influenced by the notion of rule of men and the environment of rule of rule ,the attorney's rights granted by law are often infringed in practice . attorney's rights such as right of meeting , right of reviewing files ,right of obtaining evidence are frequently limited ;the role of attorneys in investigating stage are difficult to be fully played; their rights in court trial are not respected as they should be; Rights of personality in their practice are occasionally infringed. All these facts not only lead to the imbalance of power betweenthe prosecuting party and the defending party ,but also make it hard to exercise the function of defense in criminal procedure effectively .Problems on right to defense by attorney have prevent the criminal legal innovation from furthering, so it is necessary to perfect the rights of defense attorney by legislation furthermore to safeguard defense attorneys to fully exercise their rights by system.. It not can only define the status of defense attorney as subject of action, but also can legally erase the limitations on rights of defense attorneys .As to the obligations of infringing the rights of defense attorneys ,it should be regulated through legislation .By this ,it is possible to establish the litigation structure of balance between the prosecuting party and defending party, and to exercise the special value of defense attorney in judicial justice and safeguarding human rights.Based on the complete and deep analysis of the defects of rights of defense attorney and the safeguarding mechanism of their exercising ,this article does some research theoretically on status of litigation of attorneys in criminal procedure , establishment and safeguard of practicing rights of attorneys ,and put forward some measures of innovation and perfecting on the protection of rights of personality for attorneys in practice and its perfecting countermeasures.
Keywords/Search Tags:attorney, right, safeguard, countermeasure
PDF Full Text Request
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