Research On The Standardization Of Defense Counsel Perjury Prosecution Procedure

In 1996,our country made the first revision of the Criminal Procedure Law.The scope of litigation rights of defense lawyers in criminal proceedings is expanded.The defense lawyers enter the proceedings ahead of time.The legislators are also concerned that defense counsels use the extended defense right to hamper the order of justice.Therefore,in order to ensure the normal conduct of criminal proceedings,the Criminal Procedure Law sets out the relevant provisions for the defense of the destruction of evidence by the defense counsel,the forgery of evidence and the act of obstructing the evidence.When the Criminal Code was amended in 1997,in order to be consistent with the revised Code of Criminal Procedure on this issue,the addition of "lawyer perjury" is added.Since the establishment of the lawyer perjury,the views of reservations and abolition have been debated so far.In 2012 to amend the "Criminal Procedure Law",the defense lawyer suspected of perjury case provides the investigating organs remote jurisdiction system,but for the improvement of defense counselor perjury prosecution procedure to stop here.The controversy over the substantive law of the defense lawyer's perjury is focused on the elements of the crime,and the controversy over procedural law mainly lies in the non-standardization of the indictment of the defense lawyer and the particularity of the crime.How to prosecute lawyers suspected of perjury,and there is no special provision for criminal procedure law and no difference between the proceedings applicable to other offenses.In the judicial practice,there are many problems in the prosecution of the perjury of lawyers.In this paper,the defense lawyer perjury prosecution procedure as the research object,to carry out standardized research,and also hope to provide some reference value for the improvement of legislation.The first chapter to the normative research method of the defense lawyer perjury prosecution procedure for a comprehensive interpretation,the specific study of the defense lawyer perjury prosecution proceedings of the legislative background,and summarizes the particularity of the prosecution procedure of the defense lawyer.The theoretical basis and its guiding function of the standardization of the prosecution procedure are expounded.The necessity and feasibility of the standardization of the prosecution procedure are systematically analyzed.The second chapter mainly introduces the outside advanced experience of the standardization of the prosecution procedure of the defense lawyer.First of all,the United States,Britain,Germany,France,the four countries of the lawyers disciplinary procedures for legislative investigation,followed by Germany,Russia,France,France and four defense lawyers suspected of perjury criminal prosecution procedures to study,and finally to the experience of the outside world analyzed.The third chapter discusses the Chinese practice of the prosecution procedure of the defense lawyer's perjury,the use of the empirical case data and the data,examines the actual operation of the prosecution procedure in our country and the influence on the criminal defense system,and carries on the question of the existence of the prosecution procedure in our judicial practice and analyzes the causes of a series of problems.The fourth chapter mainly aims at the systematic and comprehensive construction of the problems raised in the preceding chapters,distinguishing the lawyers from the disciplinary procedures and the criminal prosecution procedures,and setting up special investigation procedures for the cases of suspected perjury cases.Perfect the criminal prosecution procedure of our current defense lawyer perjury,supplemented by the related supporting measures.