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Solutions On The Conflicts Between Punishment Defendant Lawyer And The Accused Person

Posted on:2017-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:N LiFull Text:PDF
GTID:2296330482497554Subject:legal
Abstract/Summary:PDF Full Text Request
Defense lawyers and the accused person’s conflict in the history of legal development appeared a lot, it also reflects the active pursuit and willingness that the accused person to maintain their defense rights, defense lawyers are hired by the accused person, that results in the conflict between lawyers and the accused person, so how to solve this conflict, foreign have different solutions.Especially in the United States, Germany, and Japan.In America, lawyers are been entrusted by the accused person, and of course to defend being prosecuted in accordance with the means of the accused person, not in the case of against the wish of the accused person and do the defense behavior of conflict.In Germany, lawyer is not only the accused man’s lawyer, he is also the pursuer of judicial justice, defense lawyer can’t for the good of the accused person to give up the pursuit of the truth, do harm to the judicial justice. Japan’s defense attorney has independent defense rights in the scope of the law, criminal defense attorney is to being prosecuted people and is a sweeping defense role, lawyers hadn’t been in the intervention, by the accused person basicly. Conflict between the accused person and the defense attorney mainly results from two aspects, on the one hand, the internal conflicts between the accused person and the defense lawyers, namely the complexity of the relationship between them, both the relationship,which between criminal cases,and civil trust relationship.On the other hand is the communication mechanism between the accused person and the defense lawyers is imperfect, the principal is meeting with the defense lawyers and right to know is not in place.For these reasons, I put forward some solutions.The first is the security of meeting with the lawyers and the right to know, the second is to establish the coordination mechanism in the trial.The third and an innovative point in this paper,, the accused person put forward defense lawyer’s defense behavior is invalid defense, how to solve.The accused man made ineffective defense claim, just proving that defense lawyers have serious breach of professional norms of behavior, followed by the court to do investigation to verify, the court should draw lessons from the United States when carrying out investigation to verify the solution of the ineffective defense mechanism, in the case of the defense lawyers violate the most basic law professional ethics or professional norms, and because of the malpractice in the case of the defense of the verdict caused serious adverse effects, the court can judges that the lawyer defense behavior is invalid.Defence. lawyers may defend theirselves according to their own actions.Finally, defend lawyers should also grasp some skills to avoid the occurrence of such events.
Keywords/Search Tags:A Defense Lawyer, Accused Person, Conflict, Communication Mechanism, Invalid Defence
PDF Full Text Request
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