Study On Legal Regulation For Defense Lawyers' Extrajudicial Statement

In today's Internet age, the situation of our defense lawyers'extrajudicial statement has also undergone great changes. Blog,Microblogging and other network of new media published extrajudicial statement has a more rapid spread and a more interactive, subjective content.To a certain extent, the defense lawyer published extrajudicial statement is conducive to the realization of the public's right to know,reflection of judicial issues and effective supervision of the illegal acts of the judiciary. At the same time, if there is no reasonable regulation of defense lawyers' extrajudicial statement,may lead to violations of the interests of the parties, the impact of a fair trial, the improvement of lawyers' professional risk and other serious hazards. In recent years, the defense lawyers' extrajudicial statement on China's current judicial practice has brought large challenge. In the case of ”Li Tianyi case” ,"Bei Hai case", and other cases, the defense lawyers' extrajudicial statement caused a great influence on public opinion, and even affected the outcome of the trial. And China has not yet formed a comprehensive system in this area, and there is also a gap in legislation, which led to the absence of a clearer behavior guide for defense lawyers. So, we need to improve the relevant rules as soon as possible.The issue of defense lawyers' extrajudicial statement has also received widespread attention from various countries. At present, there are two kinds of regulation modes: "bottom line standard model" in the United States, "strict prohibition mode" in the Germany and United Kingdom. Through comparative analysis, the "bottom line standard model”in the United States sets up the reasonable boundary of the lawyers' extrajudicial statement, but also can ensure their positive effect. Compared with the "strict prohibition mode", it can provide a more effective guiding role for the rules of defense lawyers'extrajudicial statement in our country. Considering China's current special judicial environment and the system, we can not copy the provisions of foreign countries, but should learn from the "bottom line standard model" provisions, with reference to a number of targeted recommendations to improve the external problems which include the fuzzy regulatory standards, inadequate regulatory measures, delayed regulation of Lawyers Association and inadequate relief procedures, and the internal issues include the lack of lawyer professional ethics construction. And then the paper puts forward four proposals, including the distinction between the general standards and exceptions in the regulatory standards, the improvement of diversified regulatory measures including regulation of Lawyers' Association, civil liability and criminal responsibility, the determination of the subject of relief in Judicial Administrative, the introduction of trial mode in the review process of relief, and the improvement of lawyer's own professional ethics.