Font Size: a A A

On The Protection Mechanism Of Lawyers' Rights In China

Posted on:2020-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:H Z JiaFull Text:PDF
GTID:2416330575462417Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As we all know,lawyers ' rights are the natural extension of the rights of the parties,and the maintenance of lawyers ' rights is the premise and foundation of the normal functions of lawyers.The effective maintenance of lawyers ' rights can give full play to the legal functions of lawyers,promote judicial justice and social equity and justice,and safeguard the legitimate rights and interests of the parties.For a long time,the maintenance of lawyers ' rights in China has been controversial,and the violation of lawyers ' rights is common in judicial practice because of the fragility of lawyer's protection mechanism.Without the fundamental maintenance of lawyer's rights,the side effects of lawyers have gradually developed from a single industry issue into a social and legal problem at present.Since the Eighteenth National Congress of the CPC,the reforms of judicial system,especially the reforms of lawyer system have developed fastly,and the maintenance mechanism of lawyer's rights have been widely concerned as the core content of lawyer system reform.With the great attention of the party and the state,the authoritative legal agencies intensively introduced a series of policies and measures on the maintenance of lawyers ' rights.The introduction of relevant policies and measures has made the lawyer's rights protection mechanism constantly improved and plump,and the content has gradually developed into a systematic system of mechanisms from the original scattered in the Code of Criminal Procedure,the Code of Civil Procedure,the Code of Administrative Procedure and the Law on Lawyers.As the content of lawyer's rights maintenance mechanism is systematized,systematic and normalized,the legal rights mechanism of lawyers in China can be preliminarily constructed.At the same time,the maintenance of lawyers ' rights has entered a new level and height,and the ecological problems of lawyers ' practice tend to improve.From the perspective of lawyer's profession,this paper examines and studies the mechanism of lawyer's rights protection and its operation status.We must base on the connotation of the lawyer's rights protection mechanism,the characteristics of the rights protection mechanism and the demand of the lawyer system reform,so as to solve the existing problems affecting the operation of the lawyer's rights protection mechanism in our country,actively promote the deepening reform of the lawyer system,and alleviate the embarrassing situation of the lawyer's practice ecology.In the course of writing,this paper mainly uses the research method of literature research,data analysis,summary,theory and practice,and divides the full text into five parts to discuss the improvement of lawyer's rights mechanism in detail,among which:The first part is the introduction.This paper mainly expounds the research purpose,research significance,research status and literature review.This briefly depicts the urgency of the mechanism of Lawyer's rights protection in our country,and effectively paves the way for the writing below.The second part is an overview of China's lawyer rights protection mechanism.This part mainly expounds the basic theory and connotation of lawyer's rights protection mechanism in our country,and introduces the internal structure of China's rights protection mechanism.Through the investigation and study of the above contents,in order to achieve a deeper understanding and understanding of the operation of the lawyer's rights protection mechanism in the course of investigation and research,for the subsequent investigation and study of this article to lay a solid foundation.The fourth part is the extraterritorial reference for the lawyers' rights protection mechanism.Through the investigation of similar systems in extraterritorial countries,this paper analyzes the possibility of China borrowing similar experience and draws corresponding enlightenment.The third part is the current situation and problems of lawyers ' rights protection mechanism in China.Through the summary and collation of the data of lawyers ' rights in the past two years,this paper finds out the general law behind the data,emphatically analyzes the system and mechanism problems that affect the operation of the lawyer's rights protection mechanism,summarizes the problems that need to be solved urgently,and finds out the reasons after the problems.The fourth part divides the lawyer's rights protection mechanism into the extraterritorial reference.Through the investigation of the similar system in theextraterritorial countries,this paper analyzes the possibility of drawing lessons from similar experiences in China,and draws the corresponding enlightenment.The fifth part is the suggestion of perfecting the lawyer's rights mechanism in our country.In view of the shortcomings pointed out in the third part,and the fourth part of the Enlightenment.The opinions and suggestions of perfecting the mechanism of lawyers ' rights protection in our country are clearly put forward in order to be expected to play a certain reference role in the reform of lawyer system and the construction and perfection of lawyer's rights protection mechanism.
Keywords/Search Tags:Lawyer, Rights protection mechanism, Research, Perfect
PDF Full Text Request
Related items