Defense Attorney Shall Be The Security System Perfect

In this paper, starting with the meaning of defense lawyers' rights safeguard mainly, the safeguard system of defense lawyers' rights was compared and analyzed by methods of the actual evidence investigation and the comparing study, and centering on the issues of the current of exercise defense lawyers' rights, the reason of the rights becoming weak, the modernize develop tendency of criminal defense system, the imagine on perfecting the safeguard system of the rights, and etc. this has a certain reference value and realistic significance to reform and to perfect lawyer system in the conditions of socialism market economy.1 .The belonging defense lawyer and the meaning of the right safeguardlawyers' rights are not national rights, and also social rights, and then are actually the citizen rights. It is an extended right that come from the one's right to defense. There are tow controversial rights along the lawyers' rights by law. One is about apply for the rights to withdraw. The defendants are not proficient in law generally, and don't understand, the meaning of withdraw, system and the right to apply for withdraw. And sometimes, they don't exercise the right by oneself. The lawyer is as an assistant for the defender, he would have a chance to exercise the right on behalf of the defender. Therefore, the right would be entrusted to larger by law, so that, the right of the defender would be exercised fully. Another is about the right to appeal of the lawyer. The writer think that this is derived from the right to appeal of the defender, and is not entrusted by law. There is relationship directly between exercising the right to appeal and the defenders' material profit. Whether appeal or not, the idea of the defender would be respected. Chinese legal rule now is same with the world, and isn't necessarily modified.Exercising defense lawyers' rights is required by the national legality and democracy necessarily, and is a base for exercising the human rights, and is a necessity tactics to meet the WTO, and is a base for Chinese existing "accusatory style" court hearing. It is a certain duty for lawyer to safeguard rights and interests in law of defender. If the rights and interests in law of the lawyer oneself would not be...