Study On The System Of Protecting The Defense Lawyers’ Rights

Lawyers are agents of the judicial civilization of a nation. Modern countriesunder the rule of law attach great importance to human rights and judicialconstruction which, to a great degree, is reflected in the value they put on the lawyers,criminal defense lawyers especially. In China, lawyers are somewhat “handcuffed” bythe law and the mutation of the relevant system design occurs in actual operation.Thus, defense lawyers in China often confront tremendous difficulties in gettingaccess to the prosecution’s case files, arranging a meeting with suspects, and carryingout an independent investigation, obtaining evidence and pleading not guilty.Although the implementation of Law of the People’s Republic of China on Lawyers(2008Amendment) and Criminal Procedure Law of the People’s Republic of China(2012Amendment) have contributed tremendously to ensure lawyers their identify asa defender in the investigation stage, broaden lawyer’s participation right in thecriminal proceedings, provide lawyers’ practice with legal protection and reliefapproach. However, many urgent problems are still left unsolved and it is exactly thebackground of this paper.This paper contains four parts. The first chapter gives a general introduction tothe right protection system for defense lawyers. In order to lay a solid foundation forthe following study, this part discusses the basic theory of right protection for defenselawyers, so as to clarify “the definition of the defense lawyer’s right”,“thecategorization of defense lawyer’s rights” and “the significance of the right protectionfor the defense lawyer”. The second chapter is the study of extraterritorial effect ofthe right protection system for defense lawyers. For the perfection of our relevantlawmaking, this part focuses on the introduction and comparative analysis of thelegislative and institutional frameworks of defense lawyer’s right protection in thecountries advanced in constitutionality. The third chapter discusses the existingproblems of our right protection system for defense lawyers and analyzes the causes.This part examines the major problems of our right protection system for defense lawyers in details and analyzes the reasons. Based on the above study, the fourth partputs forward assumptions and suggestions for the future perfection of the rightprotection system for defense lawyers.