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Mechanism For Guaranteeing The Legal Rights Of Criminal Defense Lawyers

Posted on:2014-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ChenFull Text:PDF
GTID:2266330422966998Subject:Law
Abstract/Summary:PDF Full Text Request
Defense lawyers in the criminal defense system plays a very important role, isthe most important force to safeguard the legitimate rights of the criminal parties,plays an irreplaceable role for the defense forces are balanced. Therefore, incontemporary country under the rule of law, especially in the construction process ofthe rule of law in China, how to protect the rights of the defense lawyers, so that thedefense counsel to fully play its role, has become China’s contemporary and pressingissue can not be avoided.This paper is divided into three parts, the first part is an overview of the rights ofdefense lawyers. First of defense lawyers rich professional special rights conferred bylaw and the parties authorized to acquire; Secondly, the rights of defense lawyers inChina have been classified, depending on content protection, the right to defensecounsel is divided into defense lawyers’ professional particularity of personal rightsand the right of action, and the contents of the two types of rights are described;Finally, from the need to protect the legitimate rights of the parties, the rule of law andsocial construction in China’s national conditions as well as defense counsel rightsprotection system of international The trend of three aspects of the importance of thesystem of protection of the rights of defense lawyers. The second part of the analysisof the current situation and the protection of the rights of defense counsel inadequateprotection reasons. First, the defense lawyer of the protection of the rights of thestatus quo, personal rights and the right of action is divided into two aspects wereintroduced. Personal rights, our practice, defense lawyer personal rights of the risksfaced by the judicial and administrative organs of professional retaliation. Right ofaction, according to China’s past practice and on the existing legal provisionsdescribed the difficulties faced by China’s defense lawyers exercise their litigationrights. Second, the reasons for the lack of protection of the rights of defense lawyersof analysis, from China’s traditional culture to the exclusion of the defense system ofour existing legislative discrimination of defense lawyers, four of the disparity of the prosecution and the defense forces as well as the lawyers for their own reasonsanalyzed China’s defense lawyers lack of protection of the rights reasons. The thirdpart is a few suggestions to improve the system of protection of the rights of China’sdefense lawyer. That should first improve the social status of China’s defense lawyer,in order to strengthen the defense forces of China’s defense lawyer Second, we shallimprove our personal rights of the defense counsel, the three should improve theprocedural rights of the defense lawyers in China, Finally, it should be to improve theconstruction of the supporting systems, with the making of the right to defensecounsel in China to be fully protected.
Keywords/Search Tags:defense counsel, rights, legal protection
PDF Full Text Request
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