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Protection Of Defence Lawyers’ Personal Rights

Posted on:2012-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z WangFull Text:PDF
GTID:2246330374991154Subject:Law
Abstract/Summary:PDF Full Text Request
Our system of defense lawyer in the strict sense is introduced from learningwestern law civilization, Defense lawyer system often occurs in our society withincompatibility. In the90’s of last century, there are a large number of defense lawyerin jail. Thus, scholars raised dissatisfaction. In the last year, the case of Li Zhuang inChongqing has noticed with the personal rights protection by some scholars.If lawyers are prosperous, the country would be blooming.The system of lawyeris the label of a modern civilized society. As for the modern civilized society, defenselawyer can protect human right and promote the judiciary justice, as well as play apositive role in the building of socialism harmonious society. However, this kind ofreasonable system has confronted with a lot of unfair treatment, it is hard for defenselawyer to do criminal defense, and the work of criminal defense has decreased in andout of season.Defense lawyers are all reluctant to deal with criminal cases, for the reason thatthey couldn’t get a guarantee of their personal rights. This situation imposestremendous pressure on the improvement of traditional trial model. Under thisbackdrop, it is imperative for us to figure out ways to protect personal rights of thecounsel. Before proposing a solution to this problem, the author carries out somerelative work. To begin with, the author makes a detailed analysis of the grounds for it.Several factors, both cultural and institutional, could account for the negativephenomenon. In addition, the author intends to take the positive aspects of foreignnations in this regard. These are as follows. First, relevant laws and regulationsshould be advanced and improper ones be abolished. Second, relative judicial systemis supposed to be in place. When violation occurs, remedies are available to defenselawyers. Third, the immunity mechanism is required to be established. Only by thiscan the counsel engage in criminal cases without worries.
Keywords/Search Tags:Defense Lawyer, Protection of Human Rights, Justice, Immunity fromProsecution
PDF Full Text Request
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