A Lawyer Immunity Research

As a defender role in criminal proceedings, mainly by solicitors and counsel, their functions of normal playing and running are critical to build a scientific and reasonable litigation construct. However, defense counsel’s situation is worrying. On the one hand, the rights to practice are not adequate protection enjoyed by lawyers in criminal proceedings. There are some difficulties in reading met, investigation, evidence collection and lack of protection of personal rights when lawyers perform their duties; the other hand, based on the characteristics of China’s terms of reference pattern of litigation, in a judge-led court, lawyers defending views not adopted by the court, the defense of the lawyer cannot effectively influence the judge referee situation."In the modern criminal proceedings, the separation of neutral referee and the prosecution and the defense of equality against the’isosceles triangle’structure is by far the most reasonable. Prosecution and defense must be equal, if the prosecution and the defense to a party is significantly better than the other, the impartiality of the proceedings on out of the question." In China, the defense counsel in criminal proceedings cannot be effectively functions to play. The suspect are in a weak position, the defendant has lost the ability to confront with the prosecutor. The author believes that to strengthen the Bar in the current protection of the rights given to the defense counsel to defend the immunity of great significance for the lawyers to ensure full playing to their defense functions, to alleviate the practice plight of lawyers. Counsel immunity is the full development of the system of Western countries, lawyers and a lawyer practicing protect the rights, mentioned in our new " Law on Lawyers, but is not yet complete. Therefore, through counsel waived the right to basic theory and research findings should be straightened out to inspect the main foreign national lawyers defend the immunity legislation the status quo, and with our counsel immunity legislation and Research, point out that our lawyers the defense of immunity defects and deficiencies, and to further explore the counsel immunity system theory ideas, trying to put forward some ideas for our legal defense of the immunity system of perfect.This paper contains five parts:The first part is the preamble. Through the analysis suffered some defense lawyers in the judicial practice, leads to elaborate on the issue, points out to counsel the immunity system is imperfect and lawyers head "sword hanging"306of the Criminal Code to counsel difficult situation.The second part discusses the basic theory of immunity. Mainly introduce the concept of immunity on the universal significance, characteristics, and the theoretical basis of counsel immunity, mainly on establishing the legitimacy of the counsel immunity.The third part introduces the common law countries and civil law countries, the legislative counsel immunity status quo. First introduced the common law countries, and then introduce the civil law countries, and finally the common law countries and civil law countries legislative provisions on the immunity of counsel the Analysis.The fourth part mainly expounds China’s counsel immunity status and defects, counsel imperfect of immunity, improves the defended lawyers need immunity and improves the feasibility of our counsel the immunity system, through which the four aspects of the discourse reveals our country to establish counsel waived the right urgency and practical significance.The last part is mainly about the improvement of our counsel immunity. First of all, elaborated on the concept level to give lawyers a reasonable role in positioning. Secondly, in terms of system conception, in legislation, the detailed provisions of our country set up to counsel the immunity system in the current circumstances, including the enjoyment of the immunities of counsel, the main body of the rights of the content of the counsel immunity, counsel immunity exemption areas of responsibility to counsel the restrictive conditions for immunity. On the implementation of supporting systems for the protection of counsel immunity system, including the improvement of the legislation and the specific system interface, these systems are designed to better protect the rights of the defense lawyers.