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Research On Guarantee Of The Defense Attorney’s Rights

Posted on:2013-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:W J MaFull Text:PDF
GTID:2246330374469603Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The defense counsel is indispensable for the criminal procedure. The protection of rights of defense attorney concerns not only justice of criminal procedure and fairness of trial, but also the protection of human rights, which is an international trend.Nevertheless, because of the traditional, historical, cultural, societal and idealistic reasons in our country the attorney especially the criminal defense counsel receives totally different appraisements, which gives rise to the insufficient protection of rights of defense counsel and embarrasses the criminal defense counsel. The difficulty of the protection of rights of defense attorney impedes to a great extent the quick development of socialist legal construction in our country. The implement of the Act of Lawyer has to some extent improved the working surroundings of the lawyer. And "the Decision on Revising the Criminal Procedure Law" passed at the5th Meeting of the11th National People’s Congress emphasizes reform of system of defense, which makes clear that the protection of rights of defense attorney is being paid attention to by the state. It can not only promote the development of system of defense, but also facilitate the legal system construction.The rights of defense attorney, however, are far from being realized, and the defense activity is still hazardous, which leads to unwillingness of the lawyers for the criminal defense, that are reluctant or even terrified to conduct criminal defense. Even participating in criminal defense, the most lawyers don’t want or dare to fight for the maximum interest of criminal suspects and defendants. This not only injures the interests of criminal suspects and defendants, but also has unfavorable societal impact. From the above the protection of rights of defense counsel is in need and crucial.The discussion on the protection of rights of defense attorney focuses on the several problems such as difficulties of meeting with suspects, reviewing case files and documents, obtaining evidence through investigation and so on. The provisions in the new Act of Lawyer don’t solve the problems like the right of presence of defense counsel, procedural defense and redressment, which are likewise ignored by the amendment after15years. Consequently, the protection of rights of defense attorney should be unceasingly boosted.In this article the protection of rights of defense attorney is theoretically analyzed, the relevant rules in the main developed countries are introduced, the current situation of the protection of rights of defense counsel in our country and its causes are explained, based on that the defects of the institution of protection of rights of defense counsel in our country are illustrated. By means of consulting correlative document literature and comparative analysis, the proposal of the perfection of the institution in our country is in aspects of legislation, strict enforcement of the law and supervision of lawyers presented.
Keywords/Search Tags:defense attorney, right of defense, protection ofrights
PDF Full Text Request
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