The Research Of The Lawyers' Right To Defence

The lawyer's defense right in this paper is an important right for lawyers of different country, is an important extension of the parties' right to defense. It is also the main part of human rights protection, and of benchmark significance to highlighting the law level of a country. As an important right of lawyers, lawyer's defense right can not only protect the legal rights of the suspect and the defendant, it can also monitor the investigating authorities and prosecutors to exercise their rights according to law, as well as guarantee the building of a harmonious socialist society. However, the status quo of this right is not optimistic, existing problems have already affected the building of a harmonious society and a country under the rule of law.Through the analysis, we gradually figure out the direction for next step of development. By using methods of historical research, comparative research, etc., the paper focuses on the analysis of history evolvement and development status of the lawyer's defense right; it also provides reasons for current problems. After contraction of advanced experiences on right design of related countries and districts, the paper proposes several suggestions on several aspects. Besides introduction and conclusion, the paper mainly divided into four parts.The first part simply analyzes the concept of the lawyer's defense right,dualistic division theory of the right to defence; and studies on the prosperity in ancient Rome and development in the Capitalist stage. It explores on the evolution of this system in China, giving an objective historical analysis on the development process of lawyer's defense right.The second part mainly analyses the current status, problems, and serious consequences of the lawyer's defense right in China, choosing three existing problems for key investigation. These problems objectively led to serious consequences, being not conducive to the protection of human rights, nor the building a harmonious society, even causing damage to building of a new Criminal system. The third section focuses on explanation of reasons of problems, both historical and cultural tradition and people's weak awareness of law effect. On the other side, the law system and judicial system also have weak points. The dependence nature of the lawyer's defense right and interference of government power adds to the difficulty of full exercise of the right.The fourth section mainly investigates the protection of the lawyer's defense right in Hong Kong and Macao, making contrast from five aspects, respectively right to meet, right to communicate, right to marking, investigation and evidence collection right, right to defense on the court, and practicing privileges, with a view to improving the lawyer's defense right in China.By drawing useful experience and practices in the above parts, the fifth section proposes several suggestions on improving the lawyer's defense right in China.First of all, we should give legislative protection to lawyer's defense right from aspects like the Constitution, Criminal Law, Criminal Procedure Law, Lawyers Law and other related laws. Then the paper gives proposes to current law system, such as changing government oriented management mechanism, changing jurisdiction rules, changing law environment. The key point is to improve and complete the lawyer's defense right in China. However, only by changing the current view of the lawyer's defense right can the right finally get the recognition of society as a whole. This calls for the strengthening and improvement of people's law awareness, be they ordinary person or legal practitioners. By raising these proposals, I hope this essay be of some reference value for the improvement of the lawyer's defense right in China.