The Research Of The Defense Lawyer’s Litigation Rights

In modern rule of law. Attorney as the counsel to participate in criminal proceedings has great significance to protect the litigation rights of criminal suspects. A country under the rule of law in good or bad depends on the improvement of the lawyer system development or not. In the judicial practice of defense attorney rights has long been neglected or even violated, can not get effective implementation and safeguard. Criminal lawsuit of our country in the process-of the most two important questions are. how to effectively guarantee the realization of procedural rights of defense lawyers and how to guarantee lawyers play a positive role in criminal proceedings. The code of Criminal Procedure amendment was amended on March 14,2012, and is effective on January 1,2013. There are a lot of lawyers right to the content of the criminal procedure law, effectively solve theoretically the lawyers in China long existing in the professional activities meet with difficult, difficult to read, meeting with defendant and evidence coIlecting.But some problems still exist.This paper is divided into four parts. The first part is the basic theory of the defense lawyers’right, it includes the characteristics, the origin and status of the defense lawyer s’ rights; the second part is comparing the rules about defense lawyers’right between foreign countries and China. Analyzing the gap between domestic and international legislation and the reason; the third part is after the introduction of the code of Criminal Procedure amendment, there are still some problems and the cause analysis; the forth part is about the further improvement of the litigation rights of the defense lawyers from giving lawyers practicing privileges, to establish a supporting system and other relevant aspects of the protection of related proposals, overall maintenance of the litigation rights of the defense lawyers.