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Analysis Punishment Argue The Predicament In Which Lawyers Practise And Risk Prevention

Posted on:2015-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q YangFull Text:PDF
GTID:2266330428465419Subject:Law
Abstract/Summary:PDF Full Text Request
So far, it has reached more than30years China’s lawyer system restore, also from the original little-known lawyer industry so far has broad influence, grow up to be an important force in the socialist rule of law. Famous professor at harvard law school in the United States, outstanding lawyer’s Xiao Wei, once said:"in my opinion, not a title was more noble honourable than defense lawyer." According to this sentence, defense lawyer has a lofty position. However, given the special national conditions of our country, our country criminal defendant lawyer did not like some developed countries under the rule of law was the respect they deserve. Since the "criminal law" was promulgated in1997, the new article306is like a dharma, a sword hanging on the head of the criminal defense attorney only, are likely to fall, and this has been a lot of criminal defense lawyers lingering shadow, follow, along with their whole working process. Lawyer careless slightly, may become a sword under the "sacrifice". Li zhuang case is not the first case law rights, but from which we can detect the punishment by defendant lawyers in the judicial practice of practice. It reflects not only the punishment debate lawyers in the judicial practice of our country all sorts of unfair treatment, difficult to obtain the trust of the public, and reflects the prosecuting and defending parties in the serious imbalances in power configuration, to a certain extent, make "criminal defense" into "form", only a very few rights defense lawyer faces could be for no reason at any time the risk of deprivation.; In addition, in the process of practice, punishment defendant lawyer also favored by the threat of "criminal law" the306th, can be realized at any time from the lawyer to role transformation of the criminal suspect... As an aspiring lawyer working towards jobs soon law graduates, this can not help but raised I faced with in the criminal defense lawyers practise what difficulties and how to do a good job in risk prevention, protect itself and other issues of thinking. There is no doubt that the lawyer in the state of the rule of law is playing an increasingly important role in the process of construction, but is also a lot of risk in which lawyers practise lawyer about punishment debate and color change. Compared to specialize in accusing the business of the lawyer, criminal litigation lawyer to face greater risk.Through the review of li zhuang, this paper tries to analysis its reflects the criminal defendant lawyer’s practice, including the parties and the general public to defense lawyers don’t have enough respect and trust, courts and lawyers rights set imbalances, questions about the lawyer perjury, a lawyer’s practice in our country faced in the process of political trouble, etc. Lawyer’s practice mainly includes risk from moral risk, the risk on the level of legal loophole, actual operation level of risk (including meeting with the phase of the risk, marking phase of the risk, the investigation stage of risk) as well as the risk from the parties concerned. In the face of such situation, we must face up to it, try your best to gradual advance. The author puts forward some Suggestions to solve these difficulties and risks, make a defense lawyer can do a good job in risk prevention, first of all, to strengthen the rule of law publicity and education of the people. Secondly, to perfect relevant legislation, do a good job in risk prevention from the law level; Third, to do well in the actual operation level of risk prevention, mainly includes the meeting the risk prevention, marking phase of risk prevention, investigation phase of the risk prevention; Fourth, to improve the political position of lawyers, to improve the practice of political difficulties; Fifth, to realize legal professional community, improve the state of lawyers and courts power imbalance; Sixth, to enhance the team construction of lawyers themselves, to raise their quality of risk prevention. In order to improve our country’s punishment argue the effect of the lawyer’s practice environment sprang out, more willing to devote to the punishment debate lawyer, so as to better practice of the national respect and safeguard human rights in criminal procedure law legislation.
Keywords/Search Tags:Criminal Defense, The case of LI-Zhuang, Practice Predicament, Practicing Risk, Response
PDF Full Text Request
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