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Counsel To A Number Of Issues Of Criminal Responsibility

Posted on:2006-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Lawyer criminal duty problem is one of the hot spot interested by criminal law theory and reality society of our country. It concern the development of our country's lawyer business. The biggest reverberation is the 306 item that "In criminal lawsuit, the defender and lawsuit agent will be punished below 3 year fixed term of imprisonment or short detention if they destroy, forge evidence, help agent destroy and forge evidence , use carrot and stick witness violate the reality, change deposition or do perjury. If the plot is serious, they will be punished above 3 year below 7 year fixed term of imprisonment." This prescription involve the defender and lawsuit's three crime including destroy evidence, forge evidence and , impair evidence. It lead a lot of dispute and be much interested by law society especially be opposed by law society. Through 3 chapters ,this article analyze the implication and feature of lawyer criminal duty and lawyer criminal duty's forming; analyze lawyer perjury criminal of the criminal law's 306 item; discuss our country's lawyer profession guarantee. Through comparing and studing the "lawyer perjury" legislation of Chinese and foreign, the author analyze the 306 item's abuse of our country's criminal law, advice cancel our country's criminal law 306 item's prescription and merge it into the 307 item, advice consummate the criminal defender lawyer profession guarantee system, stipulate the lawyer criminal duty diplomatic immunity to ensure the lawyer's rights and promote the lawyer business's development.
Keywords/Search Tags:lawyer criminal duty, lawyer perjury crime, defender lawyer profession right guarantee, lawyer criminal duty diplomatic immunity
PDF Full Text Request
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