| Lawyers group is an important force to build a socialist country which ruled by law,and they are the most direct and powerful weapon to maintain their own legitimate interests of parties,given the rights to lawyers and safeguard their legitimate rights are the basic requirements to protect legal rights of citizens and mantian the social fairness and justice.With the constant improvement to our country's legal system, people-oriented, respect and safeguard human rights, maintenance rights becoming the center content of current judicial activities,and with people growing awareness of the rights,the lawyers play an increasingly important role in social life,the right to laywers has gradually been strengthened and improved.But we also have to see that in the judicial practice,there are also lots of problems that lawyers's rights have been infringed and can't be effectively protected.If the lawyers'rights will not be fulfilled,it will further endanger lawyer's survival and development,ultimately not protect the legal rights of citizens,so that make citizens loss of justice confidence which will definitely beneath a socialist legal system's construction. Therefore the research of lawyer rights is very meaningful.This paper comprehensive use a lot of basic legal research methodes,such as language re-debate analysis, empirical analysis, comparative analysis and so on, with the American scholar of professor Dharma Ziska's states and judicial process model theory as an analytical tool, and research lawyer's right in the perspective of our active-oriented country's implementation of the policy-based program,on this basis to put forward and elaborate the opinions and suggestions of lawyer's right.As our active-oriented country and policy implementation procedure,Party and state play an important role in the management of national economy and social affairs,the power which it exercises and the policy which it implements deeply into every field of society,including areas of the law. Legal defects and judicial system of incomplete need state's powers to operate and policy implementation to make amends, Especially in recent years, judicial reform advocate judicial activism that play the positive effect of judicial.In the active-oriented country's policy implementation procedure,becauese the government focus on the management of judicial activitives and implement of the policy also pay attention to the realization of social interests that the litigation procedure around the offical investigation into the center to realize,namely the inquisitorial mode of action,then the program runs foil and doesn't pay attention to procedural justice,but pay attention to substaintive justice.In this program concept gudiance,although pay attention to the protection of the right of the parties,but they still in a relatively weak position.In this case,the role of lawyers is not important and the exercise of rights in general to limited that make the issues of right.So under the active-oriented country's policy implementation procedure to research lawyer's right is the situation of modern comforms to our country,it can help us to recognize the existing problems of lawyer's rights and protect laywer's rights,in order to promote the reform of the judicial system,achieving judicial fairness.In addition ,this paper also compared different countries and their judicial processes to research the rights of lawyers,to find out deep-seated problems of lawyer's right in our country.We put the study of lawyer rights into the research paradigm,compared the two countries provisions of lawyer rights and combined with each other through a double focal mirrors to observe lawyer rights.We should absorb and learn from the advantage of responsive country's judicial process which affect the lawyer rights, in order to explore lawyer's right isusses in our active-oriented country's policy implementation procedure,and find out the way to solve these problems,then better protect the rights of lawyers. |
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