Theory Of The Difficulty And Outlet Of The Punishment Debate Lawyer’s Practice In China

“From a mature society will not for any reason to abandon the rule of law, andimmature it is reflected in the Chinese society, in order to achieve the goal of a quickbuck, easily give up the rule of law”.Our country present stage is the key to theconstruction of socialist rule of law society period, a lawyer is the backbone of itsimplementation.In a society under the rule of law, the lawyer’s absence or humble,like a grand mansion in the lack of one of the important pillars.However, from thepractice level, defense lawyers engaged in professional and clashed with prosecutors,police, directly subjected to criminal charges phenomenon more and morefrequently,since li Zhuang case “in the second quarter”, the lawyer industry self-helpevents occurred frequently, the lawyer industry this kind of phenomenon commonoccurance of bulk.Had lawyers, on the other hand, summarizes the historical data inrecent years in China, the criminal case Numbers rising, for the criminal caseshandled by lawyers per capita fell by nearly half.The lawyer industry in our country,especially in criminal defense attorney gradually in distress.Lawyers good workingenvironment is the key to realize the rule of law society.The purpose of this paper isto do a research of a series of outstanding problems that exist in the profession of ourcountry, trying to gradually improve the working environment plays a role oflawyers in our country, finally realize the grand goal of setting up a socialist rule of law society.This paper mainly divided into the following three parts:The first part of the perspective of historical development in the search for therole of lawyers and evolution process of our country. Longitudinal analysis ofhistorical process of the development of China’s lawyer system, explore the "lawyer"professional role in the position in the social development of our country’scharacteristics, so as to locate the role of the status of China’s modern law ofhistorical comparative analysis.The second part through the empirical analysis our country lawyer punishmentdebate in recent years, facing the reality of the dilemma, from their own factors,social influence,traditional culture and industry system, etc., to explore how they arefrom the “save” to “rescue”, to “save”.The third part is through the analysis under the condition of the rule of law, it isconcluded that must be from the rule of law LiNianCeng surface to locate lawyershave a general understanding, and from the concrete system level up to ensure thatreally implement the role of lawyers. At the same time give some Suggestions forimprove our lawyer’s plight.Through the above analysis, we can draw on the lawyer’s rights guarantee is notjust about the defense lawyer practicing environment problem, also related tonational rule of law, of the citizen’s human rights protection, is a matter of nationalsecurity and stability, effect on the lawyer’s social status and make an accuratepositioning, a lawyer shall have the responsibility, to be truly democratic rule of law,fairness and justice of a harmonious society.