Research On The Perjury Of The Lawyer's Application

“The perjury of the lawyer”--the article 306 of China's criminal law means the counsel or the litigation agent destroys or forges evidence to obstruct the trial's adjudication.Since this new article promulgated,reserving or abolishing it has been the focus of the heated debate and a hot social problem,especially when a lawyer is in jail because of this crime.This thesis is based on the perjury of the lawyer's applicable situation in practice and refers to the domestic and foreign scholars' researches,relevant laws and regulations to analyze this article.The introduction part mainly introduces the contents and methods of this study and the significance of the research,as well as the domestic and foreign research status of this crime.First,this paper will briefly introduce this article's legislative intention,legal basis,constitution and so on and mainly show the different parties' opinions about it.Then,in analysis of the various materials,this paper will revel the perjury of the lawyer's overall applicable situation.Meanwhile,according to some typical cases such as the case of Bei Hai and the case of Li Zhuang,this paper also show this article's specific application situation.On basis of that,the article's main problems and the reasons will be revealed.The last part will express a lot of suggestions about the article's amendment,the proceeding's improvement and other aspects to perfect the criminal litigation system,protect the lawyer's rights,defend the criminal suspect especially his legal rights.