| Lawyers hold the position as the defender or procedural agent. Lawyers for defense strengthen the status of suspected person or defendants as procedural main body. Lawyers impel their real equality in the cuorse of lawsuit. They protect suspected person or defendants gainning impartial treat. In our country, lawyers make tremendous contribution, but they undertake tremendous danger. If lawyers' right of defense can't be brought into play fully, the party can't be protected fully. If lawyers bright into play, it needs good social environment and construction of interrelated systems. The criminal immunity of defense lawyers is one of the systems. The immunity is important protection to defend the party and lower lawyers' danger in the course of criminal procedure. In the world, many countries have interralated regulations about it. But our country has't. In view of legislation and judicature's present situation in our country, it is necessary and urgent to endow defense lawyers with criminal immunity. What it is? Why to endow with? How to constructe the immunity. It is probed in the paper.The paper constitutes five parts:The first part is the concept and characterestics about the criminal immunity of defense lawyers. In the part, the arthor begins from several experts and scholars'explaintion about the criminal immunity of defense lawyers, and summs up it refers to the right that the lawyers have to deliver free oral or wrritten speech for the sake of performing the duties and won't be required for criminal responsibility in the course of criminal procedure. It has two characteresticses. It is enjoyed only by lawyers. It is enjoyed only when lawyers perform defense.The second part is about the criminal immunity's regulation and analysis out of our country. In the part, the author introduces England,American,France,Germang,Etaly,Poland,Belgium,Dutch,Luxemburg,Japan,Hongkong and interrelated law's regulation.The author compares and analyses about it.The third part analyses the vale of the criminal immunity of defense lawyers. It safeguards human right. It protects the party' right, and defends lawyers'own legal right. It protects judicial just. It can also restrict jidicial right to protect and realize just.The fourth part is about the necessity to construct the criminal immunity of defense lawyers. The author introduces international legislation and judicature's present situation in our country, and analyses the reason. The author thinks it is necessary to endow defense lawyers with criminal immunity, because it is need to realize the goal of criminal procedure, it is need to prevent lawyers from danger, it is need to unite with internation, it is need to construct harmonions sociaty.The fifth part is about constucting the criminal immunity of defense lawyers. In the part, the author advises we should regulate clearly in Lawyer Law: endowing defense lawyers with criminal immunity, their speech for protecting the party's legal right should't be required for criminal responsibility in the course of criminal procedure. The immunity includes about three contents. The speech in criminal defense should't be required for criminal responsibility. Lawyers' right of personal free should be protected by law. Lawyers offer document or material should't required for criminal responsibility, if they are't intentionally. Of course, the immunity should be restricted. In the end, the author advises constructing our country's criminal immunity of defense lawyers, and needing caring about other prombles' settlement. For example, in view of the negetive influence of the provisions of Article 306 of the Criminal Law, the author advises revoking the provision. At the same time, in order to superise the legal performance by lawyers in their practice of ciriminal action, the author suggests that the lawyers penalty and penalty procedures shall be established and perfected for the sake of not making criminal accusation of lawyers malpractice completely manipulated by the public security or judicial authority. |
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