Research On The System Of Lawyer's Rights Protection In China

The lawyers shows its great value indisputably for the maintenance of social order,the correct implementation of the constitution law and the human rights protection.But the provisions of lawyer rights safeguard system is imperfect and the operability is not strong,leading to the lawyers' rights deprived or violated by all forms and the lawsuit proxy function shrinks day to day in the judicial practice,which influences the realization of judical justice.The perfection of the lawyer's right safeguard system is not only the embodiment of the perfect of the rule of law,but also the objective requirement to ensure the justice of the judgment.In addition to the introduction and conclusion,this thesis is divided into four parts to study the perfection of the system of lawyer's rights protection:The first part,the summarize of the protection of lawyers rights.Firstly,define the concept of the protection of the rights of lawyers.Then expound the value of lawyer rights protection system to guarantee the judicial justice,improve litigation efficiency and maintain the human rights and summarizes the necessity of improving the rights protection system,which provides the basis for realizing the legal construction to realizing the value of a lawyer and building a reasonable way of trial.The second part,the current situation and problems of the protection of the rights of lawyers in our country.Firstly,describe the history of the protection system of the lawyer's rights and the current regulations.Secondly,according to the interviews about some law firms in Taiyuan,understand lawyer's right safeguard present situation in our country and analyze the main reasons about not to protect the rights of lawyers.The third part,study and use for reference of foreign lawyers' rights protection system.Through the analysis and study of the legal system of the protection of human rights and practice in foreign law,sum up the valuable experience for the perfection of our lawyer's rights protection system.The fourth part,perfect some ideas about our lawyer rights protection system.Based on the analysis of our legal system of protecting the rights,learn advanced concepts of lawyer rights protection system from foreign countries to raise some conceptions about completing our lawyer rights protection syetem which include:the proposed repeal of the"criminal law" 306;To improve the existing rights protection provisions;Establish procedural sanction mechanism;Perfect the legal occupation qualification conversion system and strengthen the role of protecting the rights of lawyers Lawyers Association.