Immunity From Criminal Proceedings, Defense Counsel

This thesis is divided into three parts: the preamble, the main body and closing.The preamble introduces the reasons of writing the thesis and the background of the thesis. The defense lawyer plays a very important part in the criminal defense system. However, because of misunderstanding and some defects on the legal system, the embarrassing situation appears: the criminal cases growth, but the rate that the defense lawyer take part in the suit declines year by year. The new "Law of the People's Republic of China on Lawyers" said: in the court, the defense lawyer has the right of immunity for his defense. It provides a legal basis for China to establish defense lawyer's right of immunity.The main body is divided into three parts.The first part focused on the importance and theoretical basis to establish defense lawyer's right of immunity. The first part introduces the concept of defense lawyer's right of immunity. Firstly, it introduced the domestic scholars' concept about defense lawyer's right of immunity. Secondly, according to the new "Law of the People's Republic of China on Lawyers ", I give my concept about the defense lawyer's right of immunity .This paper considers the establishment of the defense lawyer's right of immunity can improve the structure of the criminal proceedings, protecting human rights, protecting freedom of expression, maintaining justice and building a harmonious society, and make a good environment for lawyer.The second part analyses the system of the defense lawyer's right of criminal immunity in the major western countries. Through analysis and comparison the defense lawyer's right of immunity in the major western countries, we conclude that the main Western countries have established the defense lawyer's right of immunity system.Part three mainly describe how to build our country's the defense lawyer's right of immunity. It should include the expression immunity, the right to refuse to testify, the right to personal liberty exemption, as well as the right of immunity for providing fabricated evidence. At the same time, we should also delete section 306 of the Criminal Code on "defenders, litigation agent destruction, or fabricate evidence, prejudice testimony crimes" provisions for lawyers to create a fair legal environment.