Empirical Study On The Rules Of Conflict Of Interest In Lawyer Practice In Criminal Cases

The conflict of interest rule is an important part of the lawyer’s professional system,as well as an important part of safeguarding the interests of the client and the relationship between the lawyer and the client.The concept of conflict of interest in lawyer practice has different definitions in different countries and regions,and even different definitions in different regions of the same country.After understanding the definition of the concept in different regions,the author makes his own interpretation of the concept,that is,the conflict of lawyer’s practice interest refers to the situation that the lawyer’s agent to the client will be significantly adversely affected by his duties to the third party,his own interests,and the interests of special stakeholders.Conflict of interest rule is a kind of professional ethics in essence,its original purpose is to maintain the trust relationship between lawyer and client which has been established and will be established.However,with the further development of judicial practice,its function is not only to maintain the entrustment relationship with the principal.In practice,some criminal cases have been remitted for retrial due to the violation of the conflict of interest rules by lawyers’ acting activities.Therefore,a more comprehensive and strict establishment and enforcement of the conflict of interest system for lawyers can also prevent the waste of judicial resources.In view of this,some rules relating to the adjustment of conflicts of interest in the practice of lawyers in criminal cases were elevated to criminal legislation and became a legal obligation of defence lawyers.Therefore,the conflict of interest rule of lawyers is not only an ethical code,but also an important content in criminal procedure.Based on the analysis of the relevant situations and practical experience in China’s judicial practice and the relevant legislation and practical experience in foreign countries,the author puts forward some Suggestions to improve the conflict of interest rules for lawyers in China’s criminal cases.In addition to the introduction,the text includes four parts,a total of more than23,000 words.The first part introduces the basic issues of the conflict of interest rules for lawyers’ practice in criminal cases,mainly introduces the meaning and causes of the conflict of interest and the meaning and nature of the conflict of interest rules.The second part is the normative investigation of the conflict of interest of lawyers’ practice in criminal cases in our country,mainly including the sorting out and research of the current conflict of interest rules of lawyers’ practice in criminal cases in our country,including the research on the unified national norms and the rules formulated by local lawyers’ associations.The third part is to investigate the practice of lawyer’s practice interest conflict in criminal cases in China,mainly to investigate and study the situation of lawyer’s practice interest in criminal justice practice in China,and to summarize and summarize the adverse consequences of violating the rule of lawyer’s practice interest conflict in practice.The fourth part,points out the lawyer conflicts of laws and regulations on criminal cases of conflict of interest review value degree is not enough,lack of system rules,and such problems as insufficient protection and remedial measures for the benefit of the principals,and for more than a few problems,to perfect our country criminal law professional conflict of interest rules put forward the preliminary conception.