Research On The Lawyers' Out-of-court Statements In The Trial Period Of Criminal Cases

There are two regularities for court statements spread in the developed law-based countries around the world,which are strictly-prohibited mode and bottom-line mode;however,it seems that law basement in such countries lack of accuracy leading to misunderstanding of some concepts under specific circumstances.Meanwhile,theory of soundproof space might help to make clear of concepts as well as strengthen their weak legal basis to some degree;which has gained increasing reputation and awareness.Regarding the negative outcomes resulting from court statements,it is reasonable practical to categorize different modes under a variety of legal consequences or layers.In particular,the theory of soundproof space has been used by scholars to describe and explain some of the characteristics of legal procedures.In criminal proceedings,The soundproof space has the double characteristic of the closeness and the openness,this space requires the entry of information such as people and events related to the case,and at the other end will have the result of the referee with the end.Under the guidance of the theory of soundproof space to build a model of the proposed program,according to its closed and open features supplemented by different lawyers' out-of-court statements on the specific impact of the proceedings to regulate the lawyer outside the court or will become a helpful attempt.Based on this thinking,the article mainly from the following five parts:The first part of the article mainly defines the concept and connotation of lawyers'out-of-court statements,and makes clear the out-of-court lawyers'statements at the trial stage of criminal cases as the focus of the article.The second part analyzes the typical cases in the judicial practice and expounds the problems that may arise from lawyers'out-of-court statements and the necessity of regulation.The third part discusses the potential trade-offs of lawyers' out-of-court statements and clarifies some legal relations that need to be considered in the lawyers' out-of-court statements.In the fourth part,the author introduces two main modes of the lawyers' out-of-court statements,which are strictly-prohibited mode and bottom-line mode.The fifth part puts forward the separation regulation model based on the theory of sound-insulated space,trying to make up for the first two models in the concept of confusion,the legal weaknesses and other defects.