| In fact, since 1996, the first mention of the criminal law 306 th, this charge has gone through 20 years. For more than 20 years, China’s "criminal law" has been amended several times, and many controversial charges have been amended. However, before and after a number of NPC deputies proposed to amend or repeal the crime, the crime is still strong. And since the establishment of this crime in 1997, many lawyers were arrested and jailed, triggering a round of controversy than a round, but the legislative interpretation or judicial interpretation of this crime, has not yet met with the world. Therefore, the author tries to stand on the abolition of the position, put forward own views on this crime.The whole paper is divided into two sections, which are subdivided into five chapters. The first part is mainly to explain why to abolish this crime, including the first to the four chapter. The second part mainly elaborates on the abolition of the crime after how to do.The first chapter mainly expounds the controversies and difficulties in the process of legislation of this crime in legislation and. In 1996 this crime just proposed when received from the lawyer industry collective opposition, because the crime directly to the provisions of the subject of the crime as a lawyer. In the new "criminal law" finalized, the subject of this crime into a "defender, litigation agent", this change of the practice of the soup is still difficult to calm the people’s anger. Debate about whether it should be established and whether it should be abolished the still exist, so in the first chapter, the author finishing legislative history of the crime, and about the crime of three kind of debate, the abolition of the theory, the modified theory, theory of keeping.The second chapter, mainly expounds some problems in the judicial practice of this crime. Mainly through the data and case to demonstrate. The author compiled since 1997, convicted and punished the crime data, to demonstrate the misjudged cases of the crime rate is high, and poor effect of justice practice. And through three typical cases of the crime in judicial practice, it is difficult to operate the status quo. Through the first chapter and the second chapter, the author focuses on a series of problems in the legislation and judicial practice. And the third chapter and the four chapter to discuss the causes of the first chapter and the second chapter.The third chapter mainly expounds the lack of legitimacy of the legislation of this crime. The author believes that the reason why the first chapter and the two chapter is the main reason is the lack of the legitimacy of the legislation. The first description of this crime against the crime legal principle. The existence of the word "lure", so that the normal practice skills of lawyers are divided into the queue of criminal behavior, contrary to the purpose of this crime legislation, the value of legislation is negative. Secondly, the necessity of this crime is repeatedly in one fell swoop. In the "criminal law" under the premise of the existence of 307 th, the existence of this crime is not necessary, and it has a single occupation of the potential of the crime, is a discrimination. The author believes that such discrimination is likely to lead to a series of problems.In the fourth chapter, it mainly demonstrates the problem of the behavior of the crime and the result of the crime. In the judicial practice, the crime is recognized as a crime. As long as the defender, the litigation agent to implement a certain behavior, that constitutes the crime. Although in the theoretical circles about this crime in the end is the result of the crime and the conduct of the debate has been in, there is no conclusive. The distinction between the result and the behavioral offense, which affects the conviction of the crime, is of great significance. Therefore, the author of this paper will be divided into a separate chapter, discuss in detail, and put forward their own views.The fifth chapter, this chapter is the second part, mainly wants to solve the problem after the abolition of this crime. The author believes that although the abolition of this crime is under great pressure, but the abolition is only a time. If we can first solve the worries of the legislators, then away from the date of the abolition of this crime is no longer distant. The author thinks that legislators to worry:what we can do if in case the lawyer knowingly violate the law ? The destruction of the rule of law by a bad lawyer is more serious than that of a murderer. So, I want to solve this problem from two aspects, a "release" a "tight"". Release, decentralization of power, the lawyer disciplinary power to the bar association, so that the lawyers association of autonomy, self-help. Tight, is to raise the threshold, optimizing the team of lawyers. |
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