Research On The Practice Risk Of China Criminal Defense Lawyer

Since the recovery of the China lawyer system from last century, it is hasdeveloped thirty years. After the development of twists and turns, criminal defenselawyer industry has grown up to an influential industry. Criminal defense industry’sdevelopment has played a positive role on the promotion of our country’s democracyand rule of law development. However, different from the booming of the civil andcommercial lawyer industry, the development of criminal defense industry was notoptimistic. Although China did lots of efforts to change the criminal defense lawyerpracticing environment in recent years, but still fails to effectively improve thepractice environment because of the defects of the laws and regulations, our criminaldefense system. And criminal defense lawyers still face their high practice risk.The implementation of the new Criminal Procedure Law on January1,2013hasbrought new atmosphere to criminal defense industry. Wether lawyers practicesituation will become better? What kinds of rights lawyer has been newly endowedwith? What kinds of new practice risk therefore will be faced by lawyers? And howwill lawyer encounter and prevent those new risks? With the aforesaid questions, theAuthor explores the details as below. The promulgation and implementation of thenew Criminal Procedural Law has brought criminal defense lawyer unprecedentedopportunities and big challenges. On the one hand, the improvement of the overalldefense system such as the criminal defense lawyer’s early intervention in the investigation stage and the increased rights of all litigation stages, etc. may bring apromoted defense space to the criminal defense lawyers. So in the long run, criminaldefense lawyer practicing environment will be well-improved. But on the other hand,since the new Criminal Procedure Law has only been implemented for a short time,plus the increased number of new rights companying with same increased obligations,it will inevitably lead criminal defense lawyers to face more new practice risks, andeven face more risks with the old plus the new risks. So in the short term, defenselawyer practicing risk may not be able to get improved.Therefore, during the practice, how to effectively prevent the risks from allaspects seems to be more critical under the new law. For the criminal defense lawyers,they shall firstly further learn and understand the new Criminal Procedural Law, andsecondly further strengthen their skills training and self-regulation, and thirdly strictlyin accordance with the law and abide by the professional discipline and the moralbottom line. At the same time, people from all our society, especially people of alllevel in legislative and judicial organs shall make joint efforts to create a goodenvironment for lawyers legal practice in accordance with the law, while also furtherperfect the procedural remedies and sanctions to ensure the effective execution of thedefense right of the lawyers. We all have the responsibility to actively committed tobuild a legal professional community, and contribute ourself to promoting theestablishment of rule of law of our country!...