Discussing The Right Of Criminal Exemption For Defense Lawyer

The right of criminal exemption for defense lawyer is an important rules in the criminalprocedure law. The criminal responsibility is the strictest in all responsibility. Lawyersprotecting themselves rights can protects the criminal suspects’ rights. So the exemptionright of the lawyers can protect the lawyers and criminal suspects’ rights. To our delight,the right of criminal exemption for defense lawyer has been established in the act oflawyer. But we should say there are many unreasonable terms about this rule. The ruleis terrible vague in the legislation. Some rules damage the implement of the exemptionright. How to practice the exemption right, to protect the rights of lawyers and thecriminal suspects, to promote the fairness and justice, is the content in this thesis.There are four parts in the paper:The first part mainly introduces the conception, thecharacteristics and the meaning of the right of criminal exemption for defense lawyer.We can understand this system,and what we can get from this system.The second part is mainly about the investigation to the foreign defense lawyers ofexemption system. From Britain, the United States France and other countries andinternational organizations on the regulation of this system, we can find the reasonableand worthy of reference items, in order to complete our country’s system about Theright of criminal exemption for defense lawyer.The third part and the fourth part is the most important parts in this article. the third partis talking about the problem of the right of criminal exemption for defense lawyer.Why our country’s the right of criminal exemption for defense lawyer is imperfect,including four reasons. This part discusses the problem about the time that the lawyerscan enjoy the right,the content that the right of criminal exemption for defense lawyerincluding,the unreasonable laws and regulations and protection mechanism imperfect.The last part, basing on the third part and reference the experience of other countries, isto perfect the system in our country. The lawyers have the right of criminal exemptionin all the stage in the criminal lawsuit. Modifying the relevant legislation in order thatthe law can consistent to the right of criminal exemption. And at the same time, thewitness exemption is one of the lawyers’ exemption content. at last, if the lawyers havesomething wrong in the suit，they shall be investigated for criminal responsibility. Wecan set up prepositional procedure so that the lawyers rights can be protect better.