The Study Of New Prosecutor-lawyer Relationship In Criminal Justice

Referring to both the relationships between the prosecutor and the lawyer,and the relationships between the prosecution and the lawyer,the prosecution-law relation is important in criminal justice and acts as a key element,which is directly influential to the construction of judicial justice in the criminal justice system.In China,the prosecution-law relation is mainly the procedural adversary and mutual supervision between prosecutors and lawyers.In China the prosecutor-lawyer relation has been developed from scratch via three stages:the lack of prosecutor and lawyer led by the absence of justice system,the imbalance of prosecutor and lawyer led by the imperfection of justice system,and finally the confrontation of prosecutor and lawyer in a triangular structure.The Chinese procuratorial authority has the double entities,as a national prosecutor and as a legal supervisory authority.Therefore in the criminal justice process,it is easier for prosecutors to stress the criminal suspects and the defended lawyers,as they take advantages of national public officials.As a result,the litigation rights of the suspects might be spoiled and bring the obstacles to defense counsels.Given the case above,there is an urgent need for counsel to assure an equal adversary right with prosecutors,by reinforcing the supervision to the procuratorial authority as well as empowering substantively to the defense counsels.Realistically,due to the lack of bilateral trust,the prosecutor-lawyer relation is facing difficulties,resulting in the failure of establishing a legal community.Moreover,the missing protection to the exercise of litigation rights and the unsmooth interaction with each other has made little real progress in relation development.However,extraterritorial countries manage to maintain the well-beings of prosecutor-lawyer relation with the central theory of "equality of arms".Besides,in combination with the aim to keep an accuser-defendant balance,efficient implementation of adversarial justice enables the equal litigation rights between prosecutors and lawyers.Such case,that leads to a close match,increased cooperation and reduced conflict,can be referred to the development of prosecutor-lawyer relation in China.Therefore,in order to establish new prosecutor-lawyer relation,"equality of arm"should be advocated firstly,followed by the implementation of "triangular structure",and lastly is the adherence of procedural integrity in the criminal justice process.The primary task in establishing new prosecutor-lawyer relation is to redistribute the imbalanced power between the two sides in criminal justice,so that the bilateral trust and understanding can be recaptured.In this way,an authentic professional legal community can be established both systematically and ideally,to reinforce the protection litigation rights of defense counsels and criminal suspects,to enable a positive communication between prosecutors and lawyer,thus forming a benign interaction pattern.