The Criminal Law Regulation On The Behavior Of Lawyers’ Perjure

The article 306 of criminal law in our country which called “The perjury of lawyer” is still a sword hanging on the head of lawyers. It was ruled in the process of criminal procedure, said that defender destroying and faking evidence, helping the parties to destroy and fake evidence, threatening and tempting the witness to perjure is need to be punished. There are negative theory and positive theory on the perjury of lawyer, and putting forward the necessity of the criminal law regulation on the behavior of lawyers’ perjure, thinking that the new law of criminal procedure improve the right of lawyers’ practice. At the same time, on the condition of recognize the article 306 of criminal law, taking the actual measures, regulating lawyers’ perjure under the principle of “storage and regulation”, it can make this article standard, specific and clear.The defect of the lawyers’ perjury is the fuzzy state of helping and tempting behavior, and the subjective proof is hard to identify. On the other view, lawyers responsible defense is maybe regard as a lawyer’s perjure behavior. Because it’s difficulty to distinguish the “direct” and “indirect”, it was only judged by investigators. Lawyers will be occupational revenge, if it’s unbalance between the accuser and the defender in the judicial. All of these are due to the limit fuzz. In fact, the article of perjury be abused easily, this paper illustrate a case that Li Zhuang was convicted of perjury.And then, it put forward the perfection of the criminal law regulation on the behavior of lawyers’ perjure. Getting transition in legislation by perfecting the system, including to define the helping and tempting behavior, make enlarging interpretation or restrictive interpretation to it, clearly define the perjury different from helping avoiding crime and reasonable defense in the lawyers’ practice, draw up a specific judicial interpretation about the serious circumstance.