On The Practical Puzzledom Of Lawyer In China As View From The Case Of Li-Zhuang

The lawyer’s practice environment reflect the stage of law in China, it greatly affects theprogress of rule of law. In the1997, National People’s General Assembly promulgated the“lawyer’s law”, this sector act give much new rights which lawyer didn’t enjoy in the old law, thenew law make lawyer’s practice environment better in a certain extent, and determined thelegal status of lawyers, at the same time pleaded for these lawyers who were persecuted bylawyers of old times. But in the administration of justice’s practice, the lawyer’s unfavorablesituation still very difficult, this group doesn’t bring to bear the important role of itself in thecontemporary of China. In the2009, the case of Li-Zhuang become the target of public criticismin the wake of the activity for striking gangland, the case gave rise to widely talking about whichactors embarrassed the lawyers play a key role in the rule of law process. Although the case ofLi-Zhuang isn’t the firs t case about protecting lawyer’s legitimate rights, but it is the bestrepresentative case which fully reflect all difficult position of lawyers in China. It reflected thatmany kinds of unfair treatment suffered by these lawyers in China, lack trust derive from public,the power between the judiciary and the lawyers is serious imbalance, the lawyers tried harddefending for principal will become futile attempt, these several rights owned by lawyers will bedeprived at any times and for no reasons, the most important things is that the lawyer’s rightsbe limited by the three hundred and sixth of criminal law, the lawyer and criminal separated bya wall. So these awkward positions of lawyer are valuable to be studied.The author use three kinds of ways to study the difficult position of lawyers in China, thefirst way is the analysis of many living examples; the second way is composite analysis; the lastway is analyze document; the three ways fully reflect the conclusion what is the lawyer’spractice difficult. I combine the three ways with several Sector Acts to study, for example,“Criminal Law”,“Code of Criminal Procedure”,”Lawyer’s Law”.By analyzing thesepositions,writer find the nature reasons which hinder lawyer play a key role. There may be fourrespects reasons,all these reasons are involved drawback of legislation and practiceenvironment. Writer will learn many experiences from foreign experts, and give severalsuggestion, I hope it can make the position of lawyers better.This article was divided into three parts: the first is the detail about the case ofLi-Zhuang,and the defect through this case; the second part is these defect reflect much harmposition, and the reasons which cause these difficult position; the last part is writer’ssuggestions about improving dilemma.