On The Defender's Legal Status

It is important to define exactly the law position of the counsel for resolving the problem of the criminal defense and the criminal justice reform in our country.On the base of expounding the history condition and value legitimacy of the counsel system ,the article discusses the issues of the status in litigation of counsels,the defense right and the value tension in the course of the counsel's work.,and makes inquiries about the idea cognition,the system design and the practical condition,that are necessary to extricate the difficult position of the criminal defense.The defense right can be differentiated two different types—the substantivedefense right and the procedural defense right.By the decision of the structural function of the defense lawyers,the counsels should possess and possess practically the procedural defense right,which is a litigious right deriving from civil rights.The counsels is the criminal litigant participant possessing independent status in litigation. the status in litigation is in line with the procedural value legitimacy of esteblishing the criminal defense system and the character of the counsel's assistance. The counsels often meet the conflict between "truth obligation" and "maintain-secrecy obligation",between social ethic and the occupation ethic in their work.It is of significant to recognize and resole correctly the value conflict for making the law position of the counsel distinct in the criminal action. The defense right of the counsel stipulated by our country law remain to perfect according the international standard.The envioment of the counsel's work is still expected to be better.