The Analysis On The Lawyer’s Practicing Rights

Content:The attorney’s practicing right is to provide basic legal service for the suspect and defendant. Our country "Attorney Law" entrusted with attorney the meeting right, the correspondence right, the right to examine papers, the right to investigate evidence and other rights which is needed in the lawyer’s disciple activity. These rights make the lawyers have more and more practicing rights, which are not only the need to protect the lawyer and the defandant’s basic rights, but also our effective exploration to persue legal progress and judicature fair. Although the "Attorney Law" anthorize the awyer enough practicing rights, it doesn’t regulate these rights in procedure, the way to recovery when suffering commit is also unclear. Adding with the traditional culture and leagal customes, we always make accent on the entity while neglecting the procedure how to realize these rights, the lawyer’s practicing right seems hard to realize. In our country, the "Law of Criminal Procedure"and the "Attorney Law" have some conflict and unclear places, which still obstacle the lawyer’s practicing activities. Therefore, I choose problems in the lawyer’s legal exercises as the breakthrough point, analyzing the lawyer’s important constructions in the rule of law and the judicial construction, giving my advices to improve the lawyer’s protection mechanism.This article describes five ways to explain the protection of the lawyer’s rights, compare with the similar law on lawyer protection in western countries. In the first part, I explains some basic righs the lawyers enjoys in practicing activities, includeing the meeting right, the correspondence right, the right to examine papers and the right to investigate evidence. The second part give some analysis on the problems in the lawyer’protecting exercise, searching for the reasons and the adverse effects. The third part describes the important role to protect the lawyer’s practicing rights, from the angle of justice, basic human rights. The last part give some suggestions on how to improve the lawyer’s practicing conditions, making accent on the lawyer’s social status and team building.