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Study On Certificate-free System In The Bar

Posted on:2015-03-16Degree:MasterType:Thesis
Country:ChinaCandidate:K SunFull Text:PDF
GTID:2266330431451112Subject:Procedural law
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With the development of progress of the cause for human rights and rule of law in our society, our country is more emphasis on civil rights, the mainstream ideas of justice also turned to crime and the protection of human rights. In the field of administration of justice in order to find the objective and truth to the concept of competence pattern of litigation to force disclosure of evidence without reservation is not conducive to the stability and development of certain social relations. In the2012amendment of the Criminal Procedure Law of China, rule out some of the relatives forced to testify the system, which is an improvement of China’s Criminal Procedure Law, but we should also see one of the legal profession as a lawyer who, in the course of their practice still can not get the appropriate protection of certain rights, occupational rights lawyers need to be strengthened. Some Western countries established attorney-client privilege aims to protect the relationship between communication and trust between lawyer and client, and its sound development of the country’s judicial system has played a due role to their judicial system, many of scholars proposed to transplant our judicial system to solve practical problems.In this article, the authors discuss the following aspects:The first chapter on the development of special exemption rights system overview, the main contents include the Western countries and our special free right system of early development and evolution; from the second chapter the status of China’s legal proceed by analyzing the difference between the legal profession free to contact rights and related rights certificates, certificates obtained free of lawyer do the right reasons; The third chapter discusses the construction of lawyers’ certificates-free of rights, from order, freedom, justice, morality and other aspects of working, to build the system of theoretical support. The fourth chapter discuss how to build the system, put forward a number of issues when building systems should be noted.Of course, the establishment of the legal profession Testifying is a complex issue, as an institution, should include all areas involved, such as criminal procedure, civil procedure, administrative procedure, and ADR areas, but because of limited knowledge level of author, this paper discusses confined to the field of criminal procedure, this will be described here.
Keywords/Search Tags:Certificate-free right, lawyers’ professional secret, system ofwitness, criminal procedure
PDF Full Text Request
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