The Analyse On The Phenomenon Of Lawyer ‘Screws’ Judge

In recent years, a new group of lawyers appear in the public vision,they have an apt title, namely, ‘Screwing send lawyer’.The appear of the ‘Screwing send lawyer’ makes the traditional conflict of lawyer and prosecution turns into the conflict of lawyer and judge. The conflict between lawyer and judge pulls the judge,the prosecution and the lawyer on the same plane. This should be centered and independent judges,become the screwed object of the lawyer, it is clearly not in line with modern concepts of criminal proceedings and the rule of system design. But in the modern China,the phenomenon of lawyer screwing has more and more intense.The reason for this phenomenon not only the absence of prosecution in sue but also the lawyer is too contested. However, the main reason is part of the trial judge’s conduct and the final judgment don’t completely realized the goal of safeguards the rights of the lawyers, and maintenance the procedures justice and the substantial justice.It is undoubtedly that the appears of the ‘Screwing send lawyer’ is the result of the current judicial environment presses, but the author believes that,the behavior of ‘screws’ just for Chinese criminal defense opens a gap in the ice,prompting the judge carefully considers the advice of lawyers,so as to avoid the occurrence of miscarriages of justice.We have the reason to believe that,the same as a member of ‘Legal Professional Community’,lawyers and judges in the process of ‘screwing’,must be able to reach a consensus on the interests and achieve positive interaction, jointly build the building of constitutionality China.This paper uses the method of empirical research,takes the typical case of lawyer screwing,the pleadings and court judgments of Guiyang ‘Li Qinghong Case’ for analysis of samples,combines with interviews and other sociological research methods,in-depth analysis the phenomenon of lawyer screwing,thinks that under the current judicial environment,to a certain extent,the rise of procedural defense attacks the traditional mode of trial,due to the defense rights of lawyers are not adequately protected,and judges miss the right to speak in some cases,makes lawyers use the extreme way of ‘screwing’ to safeguard the legitimate rights and interests of their litigant and themselves.The solution road of the phenomenon of lawyer screwing,is to achieve positive interaction between lawyers and judges in court,and promote the consensus of the network of public opinion and judicial opinion.Behind the phenomenon of lawyer screwing,it reflects the consensus of lawyers’ and judges’ interests,namely,screws a constitutionality China.