Legislative Perfection Of Lawyer's Right Of Defense

The lawyer's defense system is an indispensable part of the criminal procedure system and an important symbol of the modern democratic judicial system.It is helpful to achieve the defense function of lawyers,to guarantee the rights in criminal proceedings of the person investigated in criminal suit,and also plays an indelible role on the realization of fairness and justice.Nowadays,there is consensus on the lawyer's defense system in the international arena,and international judicial standards have been formulated.In the country,the legislation on the defense of lawyers is constantly improving.In the 2012 Criminal Procedure Law,lawyers have been given the right to sue and to establish the right relief mechanism;By 2015,the first three joint articles on " The right to sue in accordance with the law " to protect the legal rights of lawyers specific measures,and in the 2016 " on the deepening of the reform of the lawyer system " proposes that " comprehensively deepen the reform of the lawyer system ",which indicated that: strengthening the defense of lawyers is the top priority of Reform of Criminal Procedure System.However,it is regrettable that the effective exercise of the right of counsel is still difficult in the judicial practice.The "old three difficult" is hard to solve,and the new problems is coming: the conflicts between the prosecution and the defense,the frequent conflicts between the trial and the defense and imperfect supporting system.Therefore,under the background of "trial-centered" litigation reform,we must firmly grasp the reform opportunity,strengthen the lawyer's right of defense and promote the reform process of criminal proceedings.This paper combs the development process of the lawyer's right of defense in our country.It focus on the legislation and its ensure of the lawyer's right of defense.The author analyzes the specific situation of the lawyer's right of defense in the judicial practice of our country from three aspects: the relationship between prosecution and defense,trial and defense,supporting system.We should improve the defense of our lawyers to provide some useful reference closely around the "trial at the center" of the new requirements of litigation reform.