| Lawyers have a duty to social justice. They are essential to modern society. How ever, today in booming market economy and diverse developing of social thought, existence of Lawyers are not only for society. Some people think that lawyers’ duty are not justice, lawyers show more technical professionalism and business tendencies.Lawyers’ work show more technical professionalism and business tendencies. Under the influence of the nature of interests, the legal profession commercialization, multiple social pressures and other factors, the profits become only choice for most lawyers. In China, Lawyers started late, we have big gaps with the West today. Some lawyers do not have professional ethics. They stop at nothing to achieve the purpose and damage the image of Lawyer and legal environment.If the state can not punish lawyers’ violations promptly, the public will not trust lawyers and Lawyer will not be able to work.Article 306 of Criminal Law established18 years,it caused widespread controversy. Occasionally there will be a lawyer arrested for Article 306 of Criminal Law, or even convicted. Many people believe that Article306 of Criminal Law has become a tool for Police,to revenge lawyer. For this reason,many scholars published articles indicating Legislative Defects.But today, the legislation does not modify. This paper analyzes the view of many scholars, and propose appropriate measures to improve.The paper has five sections:The introduction, this paper mainly introduces the background, current research, research methods, innovations and shortcomings of the paper. This paper use historical analysis, comparative research and literature analysis. The article describes the develop ment of lawyer system and the legislative process of Article 306 of Criminal Law, compare the different perspectives of Chinese scholars, Learn many reasonable factors,and put forward the own ideas and three kinds of improvements: modify Article 306 of Criminal Law, give attorney criminal prosecution right of immunity and Improved rendering meritorious service.The first part, this part focuses on the legislative history and controversy. Long ago, our country will use the law to punish perjury lawyer. Lawyers perjury related content first appeared in the 1994, Ultimately be determined in the 1997 Criminal law.However, the crime since the date of its birth, the dispute of the abolition is there.This paper argues that developing special provisions to punish prejudice evidence of lawyers is appropriate.The second part, this part focuses on the establishment of the conditions and punishment.we believe that: The subjective aspect of this crime is generally constituted only by direct intention, sometimes this crime can constituted by indirect intention, but it should be limited in specific circumstances. This paper argues that the object shall be complexity, that is the normal criminal judicial proceedings and legal ethics image.The paper analyze the behavior, at the same time,re-interpreted the serious cases and so on.The third part introduces the problems of legislation. First, the law is not clear, the provisions of itself is fuzzy, what is in criminal proceedings, what is lure, what is perjury, many problems remain to be solved. Secondly, Completion of this crime form is offense of act. Finally, we should do something to avoid police to interference law yer. We should give attorney criminal prosecution right of immunity.The fourth part, this part focuses on the improvement of legislation of this crime.This paper argues that:First of all, we should amend Article 306 of Criminal Law and give a restrictive interpretation to lure. Secondly, We should clear accomplished forms of this crime. To determine a lawyer perjury, we must be based on a previous ruling.Thirdly,we should modify and improve attorney criminal prosecution right of immunity from the substantive law and procedural law. Finally, we should improve the System that render meritorious service, and prohibit criminal suspects and defendants to report their lawyers. |
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