Research On The New Relationship Between Prosecutors And Lawyers

Prosecutors and lawyers play important roles in China's criminal justice activities.Although the duties and division of labor of prosecutors and lawyers are different,they are all important members of the law work team,the indispensable parts of the legal profession,and the key force in the construction of a socialist country ruled by law.In our country,the procuratorate,as an important judicial department in the criminal litigation structure of our country,focuses on the functions of public prosecution and legal supervision,and has an objective obligation to protect human rights.Lawyers are not only the defenders of the legitimate rights and interests of the parties,but also the powerful supervisors of criminal litigation activities.They must exercise their right to practice based on facts and laws.The traditional relationship emphasizes the prosecutorial function of the procuratorate and the confrontation between the prosecutors and lawyers,which neglects the commonality and fit between the prosecutors and the lawyers.This has led to the ills and difficulties of the relationship between prosecutors and lawyers,such as irregular relations and rigid tensions.In this context,it is of practical significance to re-determine the basic connotation and development direction of the relationship.The new connotation of the relationship between prosecutors and lawyers should be based on the principle of judicial justice and human rights protection.Focusing on the main line of legal professional community construction,and further strengthening the protection of lawyers' rights,we will build a systematic,comprehensive and multi-dimensional new normal of interaction and collaboration.In addition to the preface,this article consists of three parts.The first part analyzes the duties and missions of prosecutors and lawyers through the role of prosecutors and lawyers,and has a concept and re-determination of the relationship between the prosecutors and lawyers.From the scope of coverage subject and domain,the concept difference between the relationship between prosecutors and lawyers and the relationship between prosecution and defense is distinguished,the topic of the article is clarified,and the positions of power and responsibility of prosecutors and lawyers are separately elaborated,which paves the way for further research.The second part mainly expounds the status of the traditional relationship between prosecutors and lawyers in China,summarizes the dilemmas and problems faced under the current development status,and analyzes the reasons,the main performances are as follows:lack of protection of lawyers' rights and interests;unbalanced power of prosecutors and lawyers;non-benign interactions caused by uncooperative communication;widespread lack of legal community consciousness and professional identity;one-way flow of legal professionals.Based on China's current litigation system,combined with the pilot of judicial practice and local exploration results,the third part of the article expounds the construction of collaborative relations between prosecutors and lawyers from five dimensions:First,strengthen the prosecution by further safeguarding and facilitating the exercise of lawyers' practicing rights to prormote the substantive equality between prosecutors and lawyers,including the implementation of the right to practice lawyers and the protection of the rights of the prosecuted,which indirectly affects the balance of power between the two parties.Second,broaden the channels of communication,build a two-way communication platform and mechanism to promote the benign "dialogue" of the prosecution.Third,enhance the sense of professional identity,change the opposing attitude between prosecutors and lawyers to promote the construction of legal professional community.Fourth,improve the professional exchange system between procurators and lawyers,and promote the two-way flow of prosecutors and lawyers within the legal profession.Fifth,design a collaborative litigation model and improve related supporting systems.