Protection Of Lawyer's Rights In Criminal Procedure And The Perfection Of The Rules Of Trial

With the Criminal Procedure Law and Criminal Law Amendment(?)promulgating and implementing in succession,the criminal justice practice presents a new characteristic.This paper selects two aspects of lawyer's rights in criminal procedure and debate rules in court,from the perspective of effective defense and crime of disrupting court order,to explore how to effectively and practically guarantee the rights of the criminal defense lawyer and form the trial-centered,neutral litigation structure with equality between the prosecutor and defendant,and eventually to fully respect and effectively protect the human rights of the defendant.This is of great significance for the reform of criminal justice system,the establishment of a fair and impartial authority of the judiciary and the rule of law.In addition to the introduction and conclusion,the text is divided into five parts:In the first part,the outline of the lawyer's rights and the rules of the court debate in the criminal procedure.First,it points out the important role of lawyers in criminal proceedings.And then,in the perspective of effective defense and crime of disrupting court order,this paper summarizes the lawyer's rights and the rules of court debate in criminal proceedings.Finally,this paper points out that in the judicial practice,counsel rights in investigation,examination prosecution stage are well respected and effectively guaranteed is normal,the defender and court conflict has become increasingly prominent.Therefore,it is necessary to emphasize the importance of extending the protection of the lawyer's rights to the court,which can establish a reasonable and legitimate court debate rules and protect the legal rights of participating in the court investigation and debate.The second and third part of this paper mainly discusse the lawyer's rights in the criminal procedure.In the second part,the lawyer's rights in criminal procedure are discussed from two aspects of legislation and judicature.First of all,the article lists the current laws and regulations of the criminal defense lawyer's rights and makes a simple analysis.Then,this paper points out that the current situation of protection of defense lawyer's rights in the judicial practice.Finally,this paper analyzes the consequences of low defense rate.The third part,the perfection of the system of protecting the criminal defense lawyer's rights.First,this paper considers the perfection of the judicial and lawyer system is the foundation,and puts forward some specific suggestions to perfect the two aspects.Finally,this paper discusses how to perfect the criminal defense lawyer's rights from the two aspects of legislation and judicature.The fourth and fifth part of this article mainly discusses the rules of court debate in criminal procedure.In the fourth part,the crime of disrupting court order as the angle of view,discussesing the criminal procedure laws of the rules of court debate.First,this paper compares the system and regulation of contempt of court in foreign countries,and makes a simple analysis.Then,this paper separately listed present procedural law and substantive law about court order in our country.Finally,this paper analyses the crime of disrupting court order carefully,and affirms the function of the crime.The fifth part,thinking the court order under the perspective of crime of disrupting court order.First,this paper think that it is not necessary to set up contempt of court in our country,and should focus on improving the application of the crime of disrupting court order.Therefore,this paper discusses how to improve the application of the crime of disrupting court order to ensure the legal and reasonable of the rules of court debate.Finally,this paper puts forward some suggestions on the basis of the above discussion.