Research On Guarantee Of The Defense Attorney’s Rights

China’s defense system Criminal activity is an important part. Criminal activity in thewhole process plays the principal role of the defense lawyer. Suspects, to protect theinterests of the accused has been achieved thanks to maximize the functions of defensecounsel to play. Thus, defense counsel for the exercise of equity is smooth criminalsuspects and defendants in litigation activity is closely related to the right, which isreflected not only in order to protect human rights around the world are centered on thepurpose of the criminal proceedings, but also conforms to the needs of the internationalsituation. New enacted in2013,"Code of Criminal Procedure," the spirit of the purpose ofthe protection of human rights on the right to counsel has been further improved, thisamendment has obvious progressive. The majority of the legal profession have saidcriminal defense ushered China Spring.2013The new "Code of Criminal Procedure," insummary justice through on the basis of practical experience, to further improve thecriminal justice system. One important aspect is the protection of its revised criminaldefense lawyer’s rights has been further improved. But in practice, lawyers involved incriminal proceedings or will repeatedly rebuffed and subject to many restrictions, so thatthe law gives the right to counsel is not adequately implemented.From the protection of the rights of the defense counsel main departure, an overview of thefirst part describes the rights guaranteed by the defense counsel. The second part, weshould learn from foreign countries on major defense lawyer to protect the rights of someof its provisions and reference. By examining the major foreign countries the right to meet,marking the right, the right to investigate and collect evidence on the defense counsel, theright to the presence of the provisions, which summed up the foreign country should learnfrom some of the relevant laws and regulations. The third part analyzes the status quolegislative provisions and judicial protection of the rights of defense lawyers practice in ourcountry in different periods. Explore the issues that arise from the judicial practice focusedon the rights of the defense lawyers in criminal activities to enjoy, such as the right to meetthe right, scoring right, the right to investigate and collect evidence etc. can not be wellimplemented. Chase and the root cause is concerned, the reasons for protection of the rightsof defense lawyers in question several ways, mainly from the influence of Chinesetraditional culture of litigation, defective legislation on heavy physical light procedures,and other aspects of judicial malpractice caused. The fourth part summarizes the foreign law regarding the protection of the rights of defense lawyers at the same time to furtherimprove the protection of the rights of defense lawyers to propose concrete measures.