Study On The Improvement Of The Theory Of Defense Attorney Rights In China

The amendment of criminal procedural law of2012high-profile decisionannounced on March14, effective as of January1,2013. The criminal procedure lawamendment, is the first time since the criminal procedure law revised in1996andimplemented changes greatly, modify the provision of more than one hundred,especially in the area of defense system had an important change. Defendant, equalityis to protect the rights of the accused person shall be inviolable, the guarantee ofjudicial justice. The United Nations through a series of documents to the defendant,equality and how to achieve the specification, specified the lawsuit position andprocedural rights of defense lawyers. Defense lawyer in criminal proceedings, is toprotect parties’ legitimate rights and interests, maintain balance, promote fair judicialcivilization important way. Defense lawyer system is perfect, is not only a measure ofa country’s criminal lawsuit system of scientific, democratization of importantstandard, more reflects the level of the country’s democracy and the rule of law. Howto empower attorney scientific and reasonable procedure, safeguard defense lawyer incriminal litigation plays the positive role, is a must in our criminal lawsuit systemmodernization task. How to empower attorney scientific and reasonable procedure,safeguard defense lawyer in criminal litigation plays the positive role, is a must in ourcriminal lawsuit system modernization task. Our current new "criminal procedurallaw" is not only strengthened the position and role of the lawyer in criminal litigation,and further clarify the rights of lawyers in different stage of litigation. Despiteprogress but there is still a shortage, which give the rights of defense lawyers is notcomplete, limitation on the lawyer’s rights, the rights of defense lawyers also lack ofcorresponding safeguard measures. In addition, the idea of people and the rule of lawenvironment, the influence of such factors as law endows the lawyer’s rights beingviolated in practice is often happened. Based on the theory basis of defense attorneyrights, according to new changes in legislation, the criminal procedure law in defenselawyer’s right of meeting，right of reviewing files，right of obtaining evidence,analyzes the legislative progress of the defense lawyer litigation rights, and points outthe problems that remain at the same time, corresponding to the defense lawyerlitigation rights is missing. According to the foreign lawyer’s laws and regulations andinternational practices, combined with the problems existing in the legislation and judicial practice in our country, and puts forward Suggestions of perfecting ourcountry’s defense lawyers the right to defend, handling of conflicts law article306ofcriminal law, as well as the additional relief rights of defense lawyers, etc. Based onthe above question discussion to develop a concept, namely: the defense lawyer ascriminal suspects or defendants legal services or defenders, try our best to protecttheir rights and interests, and through this power maintenance, lawyers in the positionin society, for our country’s legal system construction to make due contributions.