Research On The Prompt Interactive Mechanism For The Remedy Of The Lawyer's Rights

To solve the problem that the lawyer's rights cannot obtain the prompt effective relief when they are infringed,the prompt interactive mechanism for the remedy of lawyer's rights has been implemented nationwide since 2017.The prompt interactive mechanism for the remedy of lawyer's rights is a mechanism that the people's court,the people's procuratorate,the public security organs,the state security organs,the judicial administrative organs and the lawyers' associations protect the lawyer's rights with cooperation and supervision during the application and acceptance stage,investigation stage,disposal stage and feedback stage,when the lawyer's rights are infringed.After the implementation of the mechanism,a large number of cases have been handled promptly and correctly,though the mechanism has to face the backlog of cases.In order to make the mechanism run in a long-term way,we should aim at the shortcomings of the mechanism's four stages and improve it with the local experience,including providing the preventive measures that preventing the occurrence of similar cases.This article is divided into five chapters:The first chapter is about theoretical issues of the mechanism.The author summarizes the main contents and characteristics of the mechanism,and also analyzes the importance of the mechanism.In the second chapter,the author makes analysis on the present operation of the mechanism.As the present operation of the mechanism,the mechanism's effect is remarkable,though it has to face the backlog of cases.In the third chapter,the author points out the demerits of the mechanism's four stages.The shortcomings of the mechanism's four stages are as follows:In the application and acceptance stage,the rules of accepting cases are not comprehensive and reasonable.In the investigation stage,the subject of investigation is uncertain,and the joint meeting is not detailed.In the disposal stage,the accountability measures are not perfect.And in the feedback stage,the preventive measures are missing.In the fourth chapter,the author discusses the local exploration of the mechanism in Beijing,Guangdong and Zhejiang.These places make up for the shortcomings of the mechanism through different measures,which provide the local experience to improve the mechanism.In the fifth chapter,the author aims at the shortcomings of the mechanism at all stages,and provides some conceptions to improve the situation with the local experience.The conceptions to improve the situation are as follows:In the application and acceptance stage,the rules of accepting cases should be comprehensive and reasonable.In the investigation stage,the investigation subject should be certain according to the different infringers,and the rules of the joint meeting should be detailed.In the disposal stage,the accountability measures should be perfect.And in the feedback stage,it is necessary to provide preventive measures preventing the occurrence of similar cases.