On The Practice Of The Criminal Counsel In China

The Defense system is a kind of lawsuit system, which refers to the adequate protection of defendants and the suspects’rights in the criminal proceedings, get stipulated by the law and is generally constituted of the content of defendants’ right, the procedure and way of counseling right, the protection mechanism and so on. Defense system is an important part of the modern legal system. The defense system’s central content lies in the defendant can fully and effective exercise the right and also safeguard the defendants’right, let right restricts power; right protect right, which is the prime of the defense system. The lawyer is that the most important role one of those parts in the system and legal rule, which can earnestly safeguard legitimate rights and interests of the defendants.In another word, Barrister system’s development and consummation have already become a standard to weigh the law condition in a national democratic government and an important criterion of the social civilized. In a modern country that is under the rule of law, with the law career development, Defense system is conductive to safeguard the defendants’rights and interests. The counsel system play an important role in the whole system, not only because others have a limited defense, but also because the counsel have unparalleled advantages than the other defendants. Undoubtedly, the lawyers’system has gradually been playing very important and the essential role in the legal regime. If a modern country under the rule of law not perfect barrister system, that will be a backs up of the historical, similarly also will be society’s ignorance. The country is not an effective government at all, and is truly unable to realize the government by law.China’s barrister system restores and development time is short, still had many deficiencies, it is an urgently need to study and promotion in theory, through in reality performs to summarize and the consummation them, and the theory also instructs the practice, the practices unceasingly improves and amends the theory. In our country’s judicial practice, however, the situation of China’s counsel isn’t being optimistic. for a long time, the criminal lawyers are at the awkward position, their right cannot obtain the safeguard, what’s worse, maybe become another defendant in the lawsuit. Although, our country tries their effort to improve the aspects, to great extent, still solve the problem from the roots. The primary reason is that some serious defects exist in our country present criminal prosecution system structure.In 1997,"Law of Criminal Procedure" implemented. In 2008, the new "law of lawyer" carried on, but our defense system still many problems and defects, which give rise to the risk of the practice in the process of counseling and doing not safeguard the lawyer’s legal right. Therefore, to study the modern the Criminal defense system in order to absorb the advanced achievement from the foreign countries, combined with the realities and needs of our attorney rights protection system to be constantly improve and protect our country’s law career and orderly developmentThe effective way is to Change the criminal lawyer’s embarrassing station, which reforms and improves our Criminal structure, control the criminal prosecutions, and keep the balance between of relative parts. Guarantee the harmonious between procedural law and substantive law in the process of legislation, change the obsolete notion to adapt to the development of rule of law, Reform of the disciplinary system to ensure the lawyer’s rights, etc.Therefore, researching and carrying on the real diagnosis inspection in the present situation of the practice of the Criminal Counsel so as to find out the essential problem and roots. It can protect the lawyers’right and safeguard the defendants’human right and finally realize the aim of rule by law.Improving the Criminal Counsel system is a long and systemic project, for serving the purpose, meanwhile needs the various aspects relentless coordination and insist. This paper comparative inspection and analyzing the disciple risk from the overseas countries’trial lawyer to the practice of risk existing in our country’s trial lawyer. To overall analysis the present condition in our country attorney, in the foundation of the right safeguarding is insufficient, consummates and protect the professional and disciple right of our country trial lawyer.