Study Of The Safeguard Mechanism Of The Defense Lawyer’s Rights

Defense Lawyer System is an important part of Criminal Defense System. It plays an irreplaceable role in the aspect of helping criminal suspects and defendants to exercise the rights of action, protecting human rights. But the effect of Defense Lawyer System is not effective in judicial practice of criminal proceedings. The rights of defense lawyers are always limited by all kinds of pretenses. Defense lawyers’ functionality will be shrinking in criminal proceedings day to day. It will influence the balance of criminal structure. It also will shark the basis-punishment of crime and the protection of human rights of criminal litigation. So the problem of protecting the defense lawyers’rights is a serious issues, which needs to be solved urgently.This paper discusses from the following four aspects:Part one:focuses on the content and basic rights of the lawyers’ practice, including the concept and content of lawyers’rights and the theoretical basis for protecting the lawyers’rights to practice.Part two:to inspect the extra-territorial rights on the lawyers’ practice mainly from three parts. Firstly, introduced some main characteristics of west countries in the world. Secondly, introduced some protection characteristics of main countries in the world. Thirdly, introduced some supporting measures. Fourth discussed the inspirations for our country.Part three:mainly talk about our practice from two inspects-law and practice, than analyzes the reasons of the barriers.Part four:provides a complete set of measures for defense lawyers’ rights, including repealing the306of Criminal Law, perfecting defense lawyers’exemption system, establishing a legal professional qualification conversion system, establishing review of the criminal justice system, building dispute settlement mechanism, strengthening lawyers’ self-maintenance mechanism, improving procedural sanctions regime of aggrieving the rights of defense lawyers.