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Punishment Defendant Lawyer Professional Ethics Research

Posted on:2016-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:L T QiuFull Text:PDF
GTID:2296330461962398Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
China’s lawyer system recovery in 1979, although in our country is committed to a high quality, high grade of lawyers, and higher results have been achieved, but due to the recovery time is too short, lawyers in China still exist many problems, especially the defendant lawyer team. After the occurrence of crime, relative to the organs of state detection, prosecution, the criminal suspect or defendant both legal expertise and the weakness of the economic strength is obvious. So in criminal trials, in order to protect the legitimate interests of the parties to a case, security cases get a fair trial, the fundamental function of punishment defendant lawyer is restricting the judicial organs, judicial organs to avoid abuse of power to the litigant legitimate interests violation. But reviewing previous media reported cases, can be found that the punishment of the defendant lawyers in violation of the professional ethical behavior appeared again and again, the punishment to contend the lawyer’s professional pride that declining, it can’t help letting the public began to have serious doubts about on punishment to contend lawyers in China. “Li case” happened to make the public began to realize that once the lawyer’s professional ethics problems, even greatly improve the legal system in our country, it is hard to become a developed country under the rule of law. This article mainly adopts the structure of the four parts use the “Li case” as a typical case and put forward Suggestions of perfecting our country’s punishment defendant lawyer’s professional ethics.The first part count belting out part punishment defendant lawyers professional ethics loss in case of the main performance in “Li case”, mainly includes three aspects: inappropriate speech behavior, violation secrecy and the improper competition behavior.The second part, according to "Li case" in the part of the punishment defendant lawyer the main performance of the lack of professional ethics, summed up the two reasons, namely punishment defendant lawyer out-of-court lack of specification and speech distinguishes between lawyers professional ethics system is not sound.The third part uses the comparison research method, combining with outside lawyer out-of-court expression regulation, to explore suitable for China’s national conditions of law court system of regulation of speech.The fourth part uses the comparison research method also, and combined with outside lawyer punishment mechanism, strengthening the punishment defendant lawyer the system construction of professional ethics. To include three aspects: strengthen the function of lawyer management, improve the professional ethics and improve the mechanism of the disciplinary punishment of lawyers.
Keywords/Search Tags:Punishment defendant lawyer, "Li case", The court regulation of speech, Disciplinary punishment mechanism, Professional ethics
PDF Full Text Request
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