On Our Criminal Defense Lawyer Problems And Solutions

Of the legal profession in the three decades of reform and opening up has been a significant development, the industry has developed into a very high degree of social concern and less influential industry, but within the industry, and civil and commercial law firms in the booming field In stark contrast to the development of criminal defense career has not been given due respect as the developed countries like the rule of law, and thus the development of the road twists and turns, full of hardships.From a practical point of view: First, the criminal defense lawyer’s job is often not understood by the public, the building was originally dedicated to the rule of law in China, "Enlightening person", but public opinion is often known as the "evil accomplice" in the title. Second, the criminal defense lawyer in the interests of the parties, often a last resort and on behalf of the public authority police, prosecutors,judges conflict, such conflict in the rule of law is not perfect today, often huge career risk to defense counsel, slightly There are careless, they themselves would lose their jobs, and even caught wholeness. Outside the occupational risk, defense activities are also a lot of difficulties, in addition to meeting with difficult, scoring difficult, hard evidence that the investigation "youngest difficult" issue, the practice is also reflected difficult to defend it as procedural. Finally, the absence of a lawyer in the legal profession in the community, so that in criminal proceedings, lawyers are regarded as "chaos", "troublemaker" role.In this paper, Guiyang happen, "Li Qinghong case involving the Mafia"(also known as "Guiyang Creek Case") as the background, specifically described the plight of China’s criminal defense lawyers are facing this dilemma has been the author of Reflections on the way out.This paper is divided into three chapters, as follows:The first chapter is "The court case was reflected in the introduction and criminal defense lawyers dilemma", in this chapter, the author of "Guiyang River case" as the background, with case specific analysis of the plight of a criminal defense lawyer currently facing our country, the main points two aspects: The first part is the difficult criminal defense, mainly for the meeting of the difficult, difficult scoring, the investigation of the hard and difficult procedural defense of; the second part is the criminal defense of insurance, mainly for illegal nature of the risk, reputation risk,risk and insurance defense practice the effects of.The second chapter is "Analysis of criminal defense lawyers question the major causes of difficulties," In this chapter, the author summarizes the three reasons why our criminal defense dilemma: the first is the absence of a lawyer in the legal profession in the community; secondly from the lawyer’s own perspective, pointingout that the uneven quality of criminal defense lawyers, team building management needs to be improved; and finally, their ethics and social morality conflicts lawyer,causing misunderstanding opinion of lawyers.The third chapter is "the idea for a number of criminal defense lawyers a way out of trouble." In this chapter, the author of the plight of the causes put forward four proposals: First, with professional training methods to enhance the overall quality of criminal defense lawyers, including business and moral qualities; second, by the recent case of "Zoubi Hua phenomenon" to interpret, to illustrate the inter-country legal professional community of mutual respect, trust feasibility; third, forth I think from the perspective of legislative changes to improve the defense predicament;fourth, the rule of law by strengthening public education, awareness of social democratic rule of law in order to change the negative public comments on the role of defense counsel...