Criminal Lawyer's Remarks At Trial Research On Immunity

Article 37 of China's Lawyers Law regulates the speech of criminal lawyers during court hearings,that is,in addition to endangering national security and malicious defamation of others,and seriously disturbing the order of the court,because of the acts of agents.The statements made can be exempted.This article is the blueprint of the immunity system of lawyers 'speech in court.The immunity of speech in court is attached to the right to defense.Through the immunity of speech in court,it is not only a guarantee system for consolidating the right to defense,but also a powerful way to urge defense lawyers to provide effective representation.It is more conducive to playing the role of trial confrontation and analysis and ascertaining the facts.In 2012,China's Criminal Procedure Law underwent a major revision,focusing on revising the relevant content of the defense system.Following this,the lawyer system has also entered into reform.This part was retained by the amendments to the Criminal Procedure Act in 2018,which fully shows that the protection of the practice of criminal lawyers according to law,emphasizing the protection and relief of the rights of lawyers,The prevention of undue discipline of defence counsel will be a key area of focus for the coming legislative and judicial process.Later,at the 10 th China Lawyers Forum held in January 2018,the reform of the lawyer system was discussed from the perspective of legislative will and the spirit of the conference.The importance of clearly guaranteeing the rights of defence counsel.Although the current legislative and academic research direction is more important for the immunity of criminal lawyers from trial speech.However,as a necessary type of lawyer's litigation rights,the study of the immunity of criminal lawyers from trial speech is worth further in-depth,especially in the aspects of the attributes of rights,practice,remedial measures and guarantee system.This article attempts to comb out the content of the immunity system of speech in the trial of criminal lawyers,and summarizes the connotation,characteristics and significance of the immunity of speech in the trial of criminal lawyers.To construct a system suitable for immunity of criminal defense lawyer's speech in court.This paper consists of three parts: summary,text and conclusion.Among them,there are five chapters in the text,starting from the basic theory,comparing the state of out-of-domain legislation horizontally,detailing the immunity of the relevant lawyers 'courts in China's laws,and finally summarizing the status quo and problems of the immunity of criminal lawyers from trial.The construction and perfection of immunity of criminal lawyers from trial in China.Firstly,it expounds the basic theory of immunity of speech in the trial of criminal lawyers.It is mainly based on the theoretical basis of the immunity of the trial speech of the criminal defense lawyer,deepening the essential attributes of the rights,cutting in from the characteristics,and refining the subject,scope of application,content,classification of responsibility,and limitation of the immunity of the trial speech of the lawyer.At the same time,the author explores the theoretical basis of the inherent depth of the immunity of speech in the trial of criminal lawyers and seeks theoretical support and power sources for the immunity of speech in the trial of criminal lawyers.Second,to comprehensively review the legislative content of the immunity of foreign criminal lawyers from trial,and to compare the provisions on immunity of lawyers from trial and its relevance in foreign jurisdictions,and to make a horizontal review of the legislative provisions of the United Kingdom,the United States,France and other countries.This paper analyzes the merits and demerits of the immunity system of the trial speech of criminal lawyers,and summarizes the shortcomings of the extraterritorial legal provisions,so as to provide reference for the relevant legislation of our country.Thirdly,we compare the immunity of criminal lawyers from trial and speech in Chinese law.In particular,the main body,object,scope of application and scope of responsibility of the immunity of criminal lawyers during trial are summarized in the Constitution,criminal procedure law,lawyer law and relevant laws and regulations regulating the behavior of lawyers.Fourth,it is the expression of the present situation of the immunity of speech in the trial of criminal lawyers in China.Combined with classic cases,we will intuitively express the status quo of immunity of criminal lawyers from trial speech,thoroughly explore the necessity of granting and realizing immunity of criminal lawyers from trial speech,sum up the experience and lessons,and improve the rules of immunity of lawyers.Regulating freedom of speech provides a legal institutional framework.Finally,it is the perfection and perfection of the immunity system of speech in criminal trial.On the basis of the foregoing,by using the theoretical basis and practical questions,we seek to build up a perfect system of immunity of criminal lawyers from speech in court,and theoretically remove all kinds of obstacles to immunity of criminal lawyers from speech in court.Seeking to construct and perfect the theoretical path of the immunity system of speech in the trial of criminal lawyers.