"Article306th Of The Criminal Law" Of The Dilemma And Breakthrough In The Judicial Application

The crime of guilty in defender’s or legal representative’s destroying evidence or forging evidence or impairing to bear witness, which is provided in the Article306of the Criminal Law, is a new type of crime enacted in the Amendment to the Criminal Law in1997. This crime are commonly referred to as guilty of lawyer’s perjury in judicial practice. There are many controversies since the crime prescribed, especially after the cases of occurring in Bei Hai and Li Zhuang in Chong Qing, setting off the climax for the abolition or existention once again. Although time is short for the development of the legal career and lawyers system in China, which have a lot of immature places, criminal defense is barometer for the process of Democracy Nomocracy. Therefore, whether it is from the theoretical level or practice level, Article306of the Penal Code" in the judicial practice of law is of great significance.Under the guide of legal theory, starting from the basic overview of article306th of the criminal law, based on the analysis of "the306th article of the criminal law" exists in the application of judicial practice problems, according to the trust relations because of "the306th article of the criminal law" judicial application easy to induce criminal case rate decreased, criminal defense attorney occupation environment sinister, parties and lawyers were destroyed and other serious risk, put forward "the306th article of the criminal law" in the judicial practice of the applicable suggestions. The innovation of this paper lies in profound analysis of "the306th article of the criminal law" the problems in judicial practice. And from the current legal environment, in the premise of "the306th article of the criminal law" the legislative intent of the next, in changing ideas, improve accountability, the crime procedure and improve his independence and make suggestions, so that in the judicial practice process reasonably practical to promote the "Application of article306th of the criminal law in the judicial practice." well, in order to help the legal environment of China’s criminal law article306th "in the application of judicial practice is able to change and create.