Research On The Criminal Immunity Right Of Defense Lawyer

In recent years,experts in the sector of laws and jurisprudence have conducted research and discussions from different aspects regarding the problem of the right of criminal immunity from defense lawyers.However,there are still lots of problems regarding the law setting process.In practice,experts,lawyers and judges hold different opinions to the problem of the right of criminal immunity.Since there is no existing standards,the operability of the right of criminal immunity is low and severely damages the efficiency of the plead process.For example,there happened many cases,where lawyers are accused of because they pleaded.These cases raise great controversy and attention from people.Lawyers have become more cautious and reluctant after these cases.They become less active and efficient during the pleading.How to adjust the law-setting,to construct and improve lawyer's right of immunity to ensure the lawyers are legally protected during criminal procedure have become a problem requiring great concern.Therefore,this paper aims to analyse the realistic problems with advanced domestic and foreign law-designing methods.It will investigate the great significance and proper methods to set appropriate and well-established exemption right rules.This paper will contribute to the law-making process and hopefully improve the criminal defense system that China currently has.This paper consists of five sections.Firstly,it will start from a theoretical perspective and provide a comprehensive introduction to criminal immunity from defense lawyer,including the concepts,characteristics and contents.The second part will provide a detailed explanation to the theoretical foundation and value orientation for criminal immunity from defense lawyers,and specifically explain why it is essential to have such rules in China.These two sections help the readers to have a fundamental concept of the problem of setting criminal immunity from defense lawyers,in particular,how to define criminal immunity from defense lawyers with Chinese characteristics.The third section of the paper brings the problem one step further by analysing the situations in common law system countries,such as UK?USA,as well as the civil law system countries such as France?Luxembourg.A summarization of the advantages and disadvantages of these laws and why different laws are able to succeed in each of these countries will be presented.This helps the discussion of whether these rules regarding criminal immunity from defense lawyers can be implemented in China.Finally,the last two sections are the main parts of this paper.The fourth section analyses the current situation of criminal immunity from defense lawyers in China,discusses the deficiency in the rules from two aspects,legal provisions and judicatory practice.The last section proposes some ways to improve the right of immunity in criminal defense in China.With reference to some contents about defense system in the newly proclaimed laws?Criminal Procedural Law?and?Lawyers Law?,this paper aims to design laws that suitable for Chinese system and policy by considering the modification of relevant laws and regulations,the establishment of disciplinary mechanism,and the improvement of self-discipline of lawyers.