Research On Chinese Criminal Defense Lawyers' Immunity

Counsel system is an important part of the national criminal judicial system. The construction and improvement level of the counsel system can directly effect achievement of the mission and purpose of the criminal proceedings. And the purpose of the criminal proceedings is to accurately fight against the crime, protect human rights and protect the innocent people from prosecution. Oppositely, if the defense lawyers who shoulder responsibility to protect human rights even their own personal rights and freedom cannot be fully protected, so what about fighting for justice for defenders, protecting human rights, protecting the legitimate rights and interests of the accused, making the justice true and striving for the socialist legal system?! But what gratifies and inspires us is that in 2007 the revised Lawyer Law has clearly defined the immunity of the lawyers'trial remarks, which means much to the establishment and improvement of the immunity system of the defense lawyers. But what the Lawyer Law and those related stipulates appears slightly rigid. The scope of exemption is significantly narrowed, those due rights relief and protection produces is also short,Under which situation, current problems appeared in counsel system cannot be solved, and it can easily make this right system empty. So, we have to continue to explore and research and strive to find a real solution to establish an effective lawyer exemption system of Chinese national condition and judicial practice, to ensure that the socialist system and the whole legal system have been healthily and orderly developed. So the article elaborates and analyses from the following three parts:For the first part, it mainly discusses the importance and theoretical basis of establishing a criminal immunity for the defense lawyers in China. It accounts and analyzes the definition of criminal immunity for the defense lawyers, and it introduces those scholars'definitions of the criminal immunity before the introduction of the Lawyer Law. Then the writer puts forward a new definition and explication for the criminal immunity with consulting to the new Lawyer Law. Also, the writer makes an introduction to its content. Meanwhile, the author believes that establishing the criminal immunity can help to improve the structure of the litigation, indemnify the human rights litigation, protect the speech freedom in the litigation, improve the lawsuit quality and efficiency and protect the judicial justice. Furthermore, it is an important system to build harmonious society and promote the lawyer system and lawyer career development.Second part, it mainly introduces and analyzes the criminal immunity systems in those western countries and districts where developed an advanced legal system. By comparison, the author concludes the features and advantages of the criminal immunity which has established in those developed western countries. Meanwhile, by making analysis of current China state condition, legal environment and theoretical basis, the author selects some of them to learn from.For the third part, it mainly accounts how to establish criminal immunity in our own land under current situation. In this thesis, the author advise to establish a Chinese characteristic criminal immunity which not only involves speech freedom and speech immunity as in the Lawyer Law, but also consist of the right to refuse to testify, the right to special protection of personal freedom, and the immunity to the negligence of providing false evidence. What's more, the author suggest criminal of fabricating evidence, obstruction of witness to those legal counsel in the 306th item of Criminal Law should be deleted then to build a fair, safe, just legal and practice environment for lawyer, and last to build a harmonious society and promote national democratic and legal progress.