The Research On The Dilemma Of Criminal Lawyers

Defense lawyers bear the responsibility for accurately maintaining applicable laws and fulfilling lawful rights and interests of the parties in criminal proceedings. Whether the defense lawyers’ rights can successfully achieve is directly related to the availability of effective protection of the rights of criminal suspects or defendants. Although our nation determine the legal status of lawyers in1979, and make major changes for Lawyers Law and Code of Criminal Procedure in2007and2013in order to protect the rights of defense lawyers,the rights of criminal defense lawyers given the law can not be guaranteed, and the development trend of their practical environment is not optimistic either. All these result from the factors including our traditional ideas, history, culture and legal consciousness of the masses. In judicial practice, many lawyers do not want to defend a criminal case, even if the agent of criminal case, and most lawyers do not want to take the initiative and active part in serving the lawful rights of criminal suspects and defendants. Such behavior is not only harmful to legitimate interests of criminal suspects and defendants, but also damages the professional image of lawyers. To certain extent, it reflects the lack of protection of the defense lawyers’rights. Therefore, it is necessary to perfect the defense rights of lawyer system, and exempt from any menace from the defense lawyers, so that the defense lawyers can achieve the defense rights fully, so as to achieve the goal of maintaining the defendants and suspects legitimate rightsBased on the case of lawyers in North Sea, this thesis attempts to analyze the issues of defense lawyers encountered in the practicing process, and to analyze and solve these problems.In addition to introduction and conclusion, the paper consists of four parts.Chapter one:the case review and the caused issues. This chapter begins with a detailed analysis of the Case of lawyers in North Sea in great detail, and then summarizes issues related to the case, involving three aspects:public misunderstanding of lawyers, defense lawyer rights are not guaranteed, and the impact of perjury on lawyers.Chapter two:the reasons for difficulties encountered in Criminal counsel. This chapter begins with the a detailed analysis of influence of traditional Chinese legal concepts, and some of the public misconceptions of the legal profession and the professionalism of lawyers; and then followed by the defects from the professional community and the immunity of the criminal defense lawyer in the system; and followed again by the plight caused by lawyers perjury at the legislative level; it at last analyzes reasons for the plight caused by the aspects of public security abuses.Chapter three:the measures safeguarding the foreign lawyers. This chapter discusses the measures safeguarding the foreign lawyers from three sections. The prosecution and defense are to maintain equal status, and to protect the lawyers’ rights. This thesis tries to explore the suitable system for Chinese defense lawyers by analyzing the security system for lawyers’ rights in other countries.Chapter four:Improvement on the protection mechanism of lawyers’ rights. In order to solve the problems existing in the protection of the rights of defense lawyers, this chapter proposes some immature thoughts and suggestions from the perspectives of strengthening the self-construction, improving relevant laws and regulations, increasing judicial supervision, and strengthening the security system of defense lawyers.