The Regulation Of Criminal Lawyers’ Out-of-court Speech

Criminal lawyers is the same as other citizens should have the freedom of speech,but criminal lawyers’ out-of-court speech compared to ordinary citizens’ speech have its particularity, as the criminal litigation participants, criminal lawyer should be cautious comments and prevent the case information unreasonable spread before the trial. In addition, although criminal lawyer have no obligations to protect judicial justice, but has a negative obligation of not damage, when there is a conflict between this obligation and criminal lawyers’ freedom of speech, based on the “principle of conflict of interests”, criminal lawyers’ out-of-court speech should be reasonable regulate.Now in rapid development of network media, criminals lawyers’ out-of-court speech also changed, by micro-blog, blog and other new media information published more effective, spread more rapidly, more interactive, the content of speech is more subjective. Criminal lawyers’ out-of-court speech sometimes can satisfy public’s right to know, to prevent the occurrence of unjust case, to protect judicial justice.Unreasonable rules of lawyers’ out-of-court speech may lead public to misunderstanding, damage justice, violate the practice regulations, affect the image of their own credibility and lawyers groups, damage participants in the proceedings.Corresponding also cause The tort liability of breach of contract and other issues. In recent years, criminal lawyers’ out-of-court speech in judicial practice also had an impact with the unexpected challenges. In cases "Yao" and "Li", the criminal lawyers’ out-of-court speech caused great influence public opinion, and even affect the outcome of the trial. Therefore, rules of criminal lawyers’ out-of-court speech needs improvement.Criminal lawyers’ out-of-court speech in countries around the world also caused widespread attention. Rules of criminal lawyers’ out-of-court speech currently existing in countries such as Britain, Germany, the pattern of "strict controls", France,Canada and other countries, the pattern of "relative control" mode and the pattern ofAmerican, China should draw lessons from foreign experience, to make rules of criminal lawyers’ out-of-court speech.We are trying to make rules of criminal lawyers’ out-of-court speech, but still exist serious problems such as legislate confusion, hasty regulation, lack of punishment mechanism, draw lessons from some foreign advanced experience, make the following aspects to build rules of criminal lawyers’ out-of-court speech: lay down a criterion of legislation, administration the media of criminal lawyers’ out-ofcourt speech, administration functions of bar association’s, build criminal lawyer complaint and credit mechanism.