On The Study Of The Rights Safeguard Of Lawyer In The Procedure

Lawyer's rights in proceeding that is the very important part of lawyer's rights, which make the lawyer act litigation and defense effectively in the proceeding. A brief review is made on the development of lawyer industry, conforming historical achievements that have been made. Also point out its inadequacies in the protection of the lawyer's rights. Such as lawyer's meeting with the suspect is still difficult; lawyer's scoping the marking is limited; lawyers make investigation and collect evidence also very difficult; lawyers act defensive in the prosecution phase is difficult. Then analyzing these problems, the causes are legislation inadequacy, relevant judicial systems are not very perfect, and the lawyer itself exist many problems. The lawyer protect his legitimate rights, safeguard social fairness and justice, protect the correct implementation of the law, so lawyer's occupational mission determines protecting lawyer's rights in procedure has its inevitability. Therefore, it is imperative that we should continue to improve relevant legislation of the lawyer's rights in proceeding, further defined the right when lawyer meet the suspect; establish evidence discovery system; establish lawyer's investigation system by applying; amend the"Code of Criminal Procedure"; build a strong organization to protect lawyer's rights; modify Article 306 of the Criminal Code on lawyer's controversial provisions and so on. Secondly, improving the justice-related institutions and systems gradually, such as relief system of lawyer's right in proceeding; establish career transition system between lawyer and administrative and judicial organs. Finally, on the basis of the improvement of relevant legislation and judicial systems, we should also improve the judicial officer's quality, increase publicity of the lawyer system, strengthen the lawyer's social identity for the purpose of creating a good working environment for lawyers; Improve the lawyer's political status in order to provide political basis for lawyer's rights; meanwhile, improving the lawyer's professional ethics quality and legal standards in order to improve the image of lawyers, so that the public trust and respect them more and more. All aspects measures above, multi-pronged approach to ensure the lawyers can act their rights effectively in the proceeding so that the lawyer's function and the role can be played fully in the proceeding.