| "The constitution of the People's Republic of China" article 125 stipulates clearly:"a defendant shall have the right to defense," gives the accused to in our country,in the practice of lawyers play an important role on the exercise of the right to defend the defendant.China's "criminal procedural law",the rules of the lawyers the lawyer participating in litigation activities and safeguard the rights of the accused person legitimate rights and interests.However,China's defense lawyers involved in litigation activities,exercise their litigation rights in legislation and practice,there are many shortcomings.2015 review and through the "criminal law amendment(9)"(hereinafter referred to as the "punishment nine")of the crime of leaking information and disturbing the order of the court of the increase and change,triggered a heated discussion in judicial circles,some of the view that the provisions of the "punishment nine " defense lawyer will effectively regulate the exercise of litigation rights,while others view this practice as a defense lawyer to exercise their litigation rights of the way.To protect the legitimate exercise of defense lawyer litigation rights in our country,to avoid "punishment nine" of its possible adverse effects,should be combined with academic point of view,"punishment nine." the defense lawyer litigation rights may produce negative effects,put forward concrete measures,and to improve the litigation rights of the defense security system in our country.According to the relevant-legislation in China,the lawye's right of litigation rights mainly include meeting,reading power,investigation power,such as secrecy privilege and the right to defend,defense lawyer litigation rights in our country has many problems in the legislation,such as regulations on defense lawyer litigation rights content and language less broad,so there is no practical provability,and rights guarantee mechanism is not perfect,these problems lead to defense lawyers in the judicial practice in our country faces many difficulties,the lawyer is difficult to give full play to its lawsuit function.Defense lawyer litigation rights in our country many problems in the legislation and practice mainly due to China's traditional thought of rule of law,the lack of legal norms and professional norms in our country at present stage and the quality of our lawyer group is low wait for a reason."Punishment nine" enacted in our country has evident on the defense lawyer litigation rights.The effects include two aspects:one is to effectively curb the defense lawyers in the lawsuit activity the behavior of the improper exercise their litigation rights in,including the effective regulation lawyer out-of-court inappropriate comments,spur raising the literacy of defendant lawyer group in our country,and make them pay more attention to the court,prompting defense lawyers professional competence to improve the positive impact;Second is to increase the risk of lawyers exercise their litigation rights in our country,including the defense lawyers exercise specific litigation rights in litigation activities may be produced when improper restrictions,increase the risk of the exercise of the right to-defend in the trial,fight initiative defense lawyer debate and negative influence.For "punishment nine" on the impact of China's defense lawyer litigation rights cause analysis,separately from the legislative background of "punishment nine ",social ideas and breakthrough in the lawyer's own professional quality,etc.To perfect defense lawyer litigation rights in our country,according to the proposed problem solution is given.One from "punishment nine" the Angle of the impact on the defense lawyer litigation-rights in our country,put forward carefully explain "punishment nine." the principle of law,norms,and the "punishment" nine puts forward detailed Suggestions on the interpretation of relevant laws and regulations,such as information crime cases in clear leak case scope,disrupt the order of the crime of "insulting" and so on subjective words into sin standard and so on,in order to avoid "punishment nine " laws applicable in improper influence on defense lawyer litigation rights in our country.Second,under the background of "punishment nine "Suggestions to consummate the defense lawyer litigation rights in our country and.the construction of guarantee system suggestion.Including through draw lessons from foreign related legislation,perfecting our country's litigation rights of lawyer with the construction of security system of our country's defense lawyer litigation-rights related advice,ultimately achieve security defense lawyer litigation rights in our country fully the purpose of the exercise. |
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