The Immunity Of Criminal Defense Of The Lawyers In Our Country

Criminal proceedings at contemporary and present age are often featured as in the structure of separation between accusation and interrogation, equally debate of prosecutor and defendant, and judge in the middle. Whereby the Court, as the national trial institution and the sole special institution in-charge of trial and judicial judgment as prescribed by criminal procedure law of our country, should maintain neutrality and enter fair and just judgment by law and according to details of specific cases. While the prosecuting authority, as the national organs of public prosecution, should be responsible for exercising procuratorial power on behalf of the country. The accused third party should be in the position of being prosecuted. The lawyer is the specialist who safeguards the legitimate interests of and files pleadings for the accused party. Different from the national procuratorial and judicial authority held by procuratorial and judicial organs, the right of criminal defense exercised by lawyer, is empowered by law and its essence is the right instead of the power. Therefore it is in the inferior position from the very beginning. Nevertheless, as a firm spot of Isosceles Triangle of the modern criminal procedure, performing the criminal defense function is absolutely necessary for establishing complete lawsuit structure. However, in our country, lawyers’ right always cannot be safeguarded, and even their personal safety is always threatened, a typical and relatively influential representative is "Li Zhuang Case". Now, criminal defense business has become the "Hot Potato" in lawsuit industry, and many influential law firms kicked it out of their major businesses, which is indeed regrettable. Criminal defense business, is the back ridge among lawyers’ businesses. As the oldest lawyers’business, it not only has a long history, but also is of great significance. Now it comes to the critical period for change. Although the new criminal proceeding law of our country has been amended and implemented and the content of lawyer’s right of criminal defense has been enriched and completed, during the course of amendment, there still exist some unsolved issues, one of which is lawyer’s criminal defense immunity. Currently, lawyer’s working environment is very severe, and we need not only to reinforce the protection of lawyer’s legal interests, but also to limit the public power of the government. As such, it is unavoidable to solve the issue of lawyer’s criminal defense immunity. This essay, considering the current situation in our country, will present some ideas for improving the regime of lawyer’s criminal defense immunity through research and by comparison with foreign legislative status.This essay is composed by introduction, main body and epilogue.The introduction part presents the reason and significance of writing this essay. The representative of the perjury of lawyer, i.e. case of Li Zhuang being sentenced to committing perjury, cause high alert to the law circle and practicing lawyers, and again put the improvement of criminal defense immunity in our country on the agenda.The main body will be composed by four parts:the first part is to discuss the concept, essential characteristic, theoretical source and necessity of enforcement of lawyer’s criminal defense immunity; the second part is to introduce the stipulations in foreign countries of this regime and will briefly analyze the prescriptions in each country; the third party mainly describes the current situation of this immunity in legal provisions and judicial practice of our country and make in-depth exploration of the cause of its formation; the forth part will present the idea of how to better establish and enforce this right according to our country’s specific situation, and it elaborates mainly from properly locating lawyer’s position, improving legal provisions, ascertaining contents of the immunity and performing necessary limitationThe last component, epilogue summarizes the insufficiency in writing this essay, and I will improve this part in the future working and learning process.