The Construction Of Criminal Professional Ethics In China

Lawyers,who provide legal services,have stricter qualifications for industry access.First,you must have certain legal expertise;second,you must pass the unified legal qualification examination to obtain a legal qualification certificate;and then,you must pass an internship and obtain the professional qualification of a lawyer after being approved by the judicial administrative department;finally,the public can provide legal services.Defense refers to the legal services provided by a lawyer handling a criminal case to a client or a criminal suspect or defendant on the commission of the client.In response to the accusations made against him by the pro-curatorial organ,through the process of pretrial preparation and trial defense,the lawyer strives for his own litigation activities such as light crime and innocence.Ethics refers to order and law in Chinese ancient culture,but in the developing China nowadays,the key to the meaning of ethical regulations in China lies in the relationship between people.Ethics is how people deal with all aspects of life.Basic norms and important principles of class relations.Legal professional ethics is a general term for the norms that various types of personnel engaged in legal work must abide by and maintain.It specifies and requires various types of legal practitioners to perform various related behaviors when engaging in judicial work.The requirements of this professional ethical code are what appears to be a mandatory requirement is,in fact,required and maintained by a qualified legal person.Legal professional ethics is of great significance to China,a legal country.There are also several common problems in the current legal professional ethics of criminal defense lawyers: false propaganda of defense lawyers,false commitment of defense lawyers,improper communication between defense lawyers and public prosecution department personnel,and performance defense of defense lawyers.Due to the influence of the nature and scope of the cases they represent,the professional ethics required by the criminal defense lawyers are naturally different from those in other fields.The defense lawyers should be required to have the investigation obligations of the case facts that the lawyers in other fields do not have,the communication obligations with the case related personnel,the loyalty obligations and the communication obligations with the news media.It can be summarized as the Investigation obligation?communication obligation and loyalty obligation of the defense lawyer.In order to construct the norms of investigation obligations,it is necessary to make legislation clearly stipulate the compulsory investigation obligations of defense lawyers,standardize defense lawyers 'investigation and evidence collection,and strengthen defense lawyers‘ personal investigation and evidence collection.In order to construct the loyalty obligation norms,it is necessary to effectively formulate industry standards for defense quality standards,do a good job in guiding the conflict between loyalty obligations and confidentiality obligations,and provide practice guarantee for criminal defense lawyers to perform loyalty obligations.In order to construct the norms of communication obligations,we should earnestly formulate disciplinary standards for criminal defense lawyers who fail to fulfill their communication obligations,formulate industry standards with unified opinions of criminal defense lawyers and clients,provide legislative interpretations of ?refusal to defend?,improve industry standards for conflicts of interest,and develop industry standards for effective communication between criminal defense lawyers and the media.