Research On The Regulation Of The Criminal Lawyers’ Out-of-court Speech

Criminal lawyers,as ordinary citizens,enjoy the right to freedom of speech granted by the Constitution.The expression of out-of-court speech is a concentrated expression of exercising the right to freedom of speech.However,due to the special nature of the lawyer profession,more and more criminal lawyers are keen to publicly make out-of-court remarks on the Internet in order to pursue the interests of the lawsuit,so as to be able to manipulate the direction of public opinion,mobilize people’s emotions,and exert pressure on judges to affect the trial the goal of.The essence of lawyers’ out-of-court speech is that this is a kind of litigation strategy designed by criminal lawyers.Although it can achieve the effect of equal confrontation with public prosecution agencies,if criminal lawyers make inappropriate out-of-court speeches,it will cause damage to the legal rights of the parties and affect the fairness of the trial Many hazards such as impacting judicial credibility,especially in today’s fast-changing online media,have brought greater challenges to judicial practice,so it is indeed necessary to regulate lawyers’ out-of-court speech.This article contains four chapters:The first chapter is the basic theory of criminal lawyer’s speech outside court.It mainly expounds the basic theory of criminal lawyer’s speech outside court from three aspects.The first part is a theoretical analysis of the connotation of criminal lawyer’s out-of-court speech from the concept,nature and academic classification of criminal lawyer’s out-of-court speech,so as to make the definition of criminal lawyer’s out-of-court speech more clear.The second part analyzes the positive and negative effects of criminal lawyer’s speech outside court.The third part discusses the legal basis of criminal lawyers’ out-of-court speech regulation,which is mainly discussed from three aspects: First,criminal lawyers’ out-of-court speech and freedom of speech;second,criminal lawyers’ out-of-court speech and litigation rights;third,criminal Lawyers ’out-of-court speech and judicial fairness clearly regulate the legitimacy,legality,and rationality of criminal lawyers’ out-of-court speech.The second chapter is the current status and problems of the legislation of criminal lawyers’ out-of-court speech regulation in China.This topic is mainly divided into two aspects to elaborate on this issue: first,the current situation of China’s regulation of criminal lawyers’ out-of-court speech is studied,and the relevant provisions of laws,regulations and norms are analyzed to achieve discussion The purpose of the current status of criminal lawyers ’out-of-court speech regulation is to clarify the maturity of the development of criminal lawyers’ out-of-court speech regulation at this stage.Secondly,through the investigation of the current situation of criminal lawyers ’speech outside China,we find some typical deficiencies,such as incomplete laws and regulations,vague regulatory standards,dilution of criminal lawyers’ out-of-court speech responsibility,and worrying regulatory environment.By analyzing the current situation and problems of out-of-court speech regulation of criminal lawyers in China,reviewing their own shortcomings,and combining with the research experience of foreign countries,finally put forward specific recommendations to make it more perfect.The third chapter is a comparative study on the regulation model of extraterritorial criminal lawyers’ speech in court.Firstly,it analyzes and evaluates two types of extraterritorial criminal lawyers’ out-of-court speech regulation modes,namely the strict prohibition mode and the bottom-line standard mode.Secondly,the two modes are compared and examined,and the similarities between the two are discussed.The differences are mainly in the areas of regulatory standards,degree of regulation,and detailed regulations.The same point is that all countries prohibit only "negative speech" that may affect judicial fair trials,and both recognize the lawyer’s right to freedom of speech and fair trial.There are conflicts of value,and there are "special agencies" that regulate lawyers’ speech outside court.Finally,it analyzes the enlightenment of extraterritorial lawyers ’out-of-court speech model to our criminal lawyers’ out-of-court speech regulation.The content of Chapter Four is the improvement of Chinese lawyers’ out-of-court speech regulations.Contrast with the review of the out-of-court speech regulation in China in Chapter Two of this article,analyze the shortcomings and put forward a series of specific suggestions: complete the laws and regulations of out-court speech,and clarify the standards for out-court speech Establish a disciplinary mechanism for lawyers’ inappropriate speech and optimize the speech environment outside and in court,so as to improve the rules for out-of-court speech in China.