| The law of our country belongs to the socialist legal system,and the common law and civil law are very different Although the inspection law of common law and civil law system,self harmony,but we can only take the essence and discard the dross,it can not be applied mechanically,which has specific national conditions and judicial environment by our country,the need for the establishment of practical construction of the rule of law in China harmonious new law relation determined by inspection.China's Constitution clearly stipulates that the procuratorial organ is the legal supervision mechanism of our country,for a long time the procuratorial organs have public power more than lawyers in litigation activities,prosecutors and lawyers against the reality is not balanced,unequal,so how to protect the lawyers' rights,improve the equality of prosecutors and lawyers in litigation activities the inspection is to construct harmonious relationship between the new law focus and difficulty.Facing the realistic problems in the practice of criminal action.Relations between the two sides of the unequal power law highlights,this article from how to protect the rights of lawyers,strengthen inspection law between both sides and other aspects of thinking and responding to certain.Through the summary of characteristics of inspection law of our country in the new period,focuses on the analysis of various problems existing in current inspection law relationship,and compare the development in each period of lawyers rights since the new China was established to the procuratorial organs at all levels to ensure the rights of lawyers and law occupation inspection how both sides work together to build a harmonious relationship between the new law inspection recommendations.Through the discussion of the content of the lawyer's right of practice,this paper analyzes the reasons of the violation of the lawyer's practice right in the past,in order to demonstrate the establishment of the relief mechanism to protect the lawyer's right of practice,and enhance the lawyer's antagonism.At the same time,we should change the concept of the prosecutor,rationally treat the status and role of the lawyer in order to achieve the purpose of regulating the prosecutor's procuratorial behavior and improving the credibility of the judiciary.In addition,by analyzing the improper behavior and thinking of the prosecutor and the lawyer in the litigation activities,the author puts forward some suggestions to standardize the legal action of both parties,and improve the law enforcement concept and professional quality of both parties.There has also been actively.Building a new inspection law relationship theprosecutors and lawyers to realize the benign interaction in the performance of their duties in their behavior,and jointly safeguard social fairness and justice. |
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