Criminal Lawyers Immunity

In recent years, the amending of our "Attorney law" becomes the hottest topic among tens of thousands Chinese lawyers. In the criminal case, lawyers are facing high professional risks. The lawyer's safeguard system especially trial lawyers' professional privilege can be established or not, will become the huge test in the amending process of "Attorney law". Lawyers ' professional privilege in the criminal case, is the extending right of crime suspect and accused person. And also the essential content of lawyers' right to counsel, it's what the modern state with an adequate legal system must give to these lawyers. Establishing lawyers' professional privilege in criminal cases have some advantages. Firstly, it avails protection the human rights of the crime suspect and their trial lawyers. Secondly, it avails realization the procedure fair and the equal treatment in the criminal cases. Thirdly, it avails protection the special rights of the crime suspect and the accused person in the criminal case, and prevention the high professional risk of lawyers. In Present stage our country's Legislation haven't established lawyers' professional privilege. it's a pity and flaw for our legislation. But there are deeply realistic foundation and realistic demand in our country for the establishing of lawyers' professional privilege. Our constitution, Criminal Procedure law and Attorney law take it legal foundation. Judicial reform, realistic demand and massive judicial practice, told us it avails performance judicature civilization and democracy. The progress of Chinese law culture take it cultural base. The development and reconsidering of Barrister system take it innovation power. In the criminal prosecution, the words and deeds of trial lawyer can't be divided. In fact, independent the opinion exemption exists in name only. Therefore, the author advocate the comprehensive exemption for trial lawyer. Comprehensive exemption for trial lawyer means the trial lawyer's opinions and deeds must be not investigate together. The author oppose to separate the trial lawyer's opinions and deeds. Arrangement of trial lawyers' professional privilege must begin from main body scope, lawsuit scope, right content, responsibility scope. By the principle of comprehensive exemption's instruction, strictly define the concrete scope of trial lawyers' professional privilege.