The Analysis On Constraints Of Lawyers’ Function In Criminal

The “Universal Declaration of Human Rights” demands that every accusedperson has the right to get a fair trial. The “Lawyer Basic Principles” figures outthat the lawyers should serve as legal advisors, defenders and right guards incriminal proceedings. In the process when China gradually improves the legalsystem, the lawyer’s career has also been in an unprecedented development. As the“lawyers’ Law of the People’s Republic of China” was made, as the “CriminalProcedure Law of the People’s Republic of China” changed the articles aboutlawyers’ rights, as “Rules for Criminal Procedure of the People’s Procuratorate (forTrial Implementation)(2012Revision)” and the “Provisions about how to protectLawyers’ Rights of Supreme People’s Procuratorate” and other provisions wereapplied, the status of lawyers’ was improved. But due to the long-term view, whichis to emphasize entity and to underestimate the procedure, citizens, social mediaand authority’s still misunderstood the roles of lawyers’. As a result, the work oflawyers’ is often impeded. The constraints of lawyers are as follows: people beingaccused treat lawyers irrationally, or choose other people rather than lawyers ascriminal defendants; Victims and their families treat the lawyers irrationally; Massmedia and social groups interfere lawyers’ work; The local government does notsupport the legal aid system, resulting in many cases the accused do not have anylawyer, so the lawyers lose the most important place to act; The local judicialbureaus are in charge of lawyer management, so the bureaus can effect lawyers bydisqualification; The investigation organs hinder or obstruct the lawyers to meetwith the accused and impede lawyers’ investigation; Procuratorial organs controlthe lawyers by suing them, or on the basis of article306of "criminal law" sue thelawyers, increasing the risks; Judicial organs do not accept or rarely adopt opinionsof defense lawyers’, or interrupt lawyers speaking in courts, or interfere theaccused to select lawyers. In criminal lawsuits, lawyers should have equal status asthe procuratorial organs. The courts act as neutral by listening to the views of both sides and making a decision according to the laws and the facts. But theseconstraints weaken the lawyers’ roles and functions in criminal proceedings. Thereshould be improvements in both litigation and practice.