Research On The Practice Risk And Prevention Of Criminal Defense Lawyers

With the historical pace of reform and development entering a new stage of development,since the 19th national congress of the communist party of China(CPC),reform,democracy and the rule of law have been continuously promoted and deepened,and the socialist rule of law with Chinese characteristics has been constantly improved and improved.As a special profession,class and group providing services for the society,criminal defense lawyers,as an important member of the construction of socialist rule of law with Chinese characteristics,have made significant contributions to effectively safeguarding the legitimate rights and interests of the parties concerned,the correct implementation of the law and social fairness and justice.However,in judicial practice,as a criminal defense lawyer,his practice risk is still unsatisfactory,especially in the li zhuang case,Lin xiaoqing case,the criminal practice risk has caused an uproar and attention in the community and the legal profession,which highlights that there are still many problems in the practice risk of criminal defense lawyers.The practice risk of criminal defense lawyers is not only related to the litigant's litigation rights and legitimate rights and interests,but also has a great impact on the practice of lawyers themselves.Practice risk prevention is not only to ensure that criminal defense lawyers in criminal defense work can maximize the role to protect and protect the interests of the parties,but also to effectively complete the defense mission of criminal defense lawyers to achieve the fundamental guarantee of social justice.Based on criminal defense lawyer practicing risk,therefore,it is necessary for its operation risk be about the background and reason analysis,and the criminal defense lawyer expounds and discusses the risk need to be perfect,it is in the top design endeavoring to promote the construction of the rule of law society under the rule of law construction and create a harmonious and stable good necessary link in the social environment,under the rule of law is the legal community in the judicial practice faces a serious problem and needs to be settledThe first part is about the background and presentation of the practice risk of criminal defense lawyers.By elaborating the concept and characteristics of the practice risk,we can further understand what is the practice risk and what its characteristics are.At the same time,we should realize the identification practice risk is not the goal,only is the precondition of preventing risks of practice,through further elaborated that exist in the criminal defense lawyer practicing risk classification,and the main activities in the process of relationship,through the above elaboration to identify what is practicing risk,in the process of criminal defense lawyer practicing risk embodied in what aspects,provides a key to preventing risks of criminal defense lawyer premiseThe second part,elaborated the risk of criminal defense lawyer,points out the criminal defense attorney practicing risk the current legislation and the reality,the current predicament of criminal purpose value is a what kind of damage,as discussed below the causes of criminal defense lawyer risk countermeasures and provides the necessity of reasonIn the third part,the paper first analyzes the causes of the risk of criminal defense lawyers,and puts forward relevant Suggestions to prevent the risk of criminal defense lawyers.This part is the purpose and foothold of the paper,through the analysis of the reasons for the risk of criminal defense lawyers,gives the solution to the practical judicial problemsThesis research idea is based on our country judicial present situation,based on the basic theory of criminal defense lawyer risk factors of deconstruction and classification,and points out the risk generated by the difficulty and the damage to the value of criminal purpose,and then reveals the cause of the risk of criminal defense lawyer,targeted put forward countermeasures and Suggestions to improve it.