Research On Guarantee Of The Defense Attorneys' Rights

Whether the criminal proceedings can process fairly and whether the civil legitimate rights and interests will be infringed by state rights depend on the guarantee of the defense attorneys'rights. In order to guarantee the defense attorney's rights, we should endow equal protection to both defense attorneys and prosecutors legislatively, and protect defense attorneys'professional privilege in judicial proceedings. Besides, judicial remedy should be established to make timely and equitable relief, when the rights are infringed.For a long period, Guarantee of the criminal defense attorneys'rights in criminal proceedings is in an embarrassing condition in juridical practice. Though our country has made much effort to deal with this problem on many aspects, no obvious achievements have been made, as it is only the temporary solution to some extent. The root course is that there is severe imperfection in structure of criminal proceedings system. Therefore, we shall make an investigation and analysis on the real status of defense attorney rights, and find out the fundamental problems which weaken the defense attorney function and protection of defense attorney rights. Through the analysis on the developing trend of modern criminal defense system, we can reconstruct the system of defense attorney rights, based on combination of international standards and our real national conditions. Therefore guarantee of China's criminal attorneys'right depends on the reformation and improvement of the structure of criminal proceedings to realize both the defense attorneys and prosecutors stand in equal. The lack of guarantee of the attorneys'right is a big problem which is just like a systematic project. By no means can this problem be solved through the improvement on only one aspect or in a very short time. In consequence, it needs persistent efforts. The way is that we should put forward some specific assumptions to solve these problems on the basis of detailed analysis of all the aspects of them, that is, to endow institutional guarantee to the defense attorneys in the term of legislation, judicature and the function of lawyer association to look for a best way to improve guarantee system of attorneys'rights. As new Lawyer Law made detailed and complete regulations on the guarantee of right for lawyers to meet with clients, right to investigate and collect evidence, and the Immunity right in practice, it will play an important role in the protection of the attorneys'rights in the following practice. And we are looking forward that right-based idea should be set up in the modified Criminal Procedural Law, which embodies the guarantee of human rights of and criminal suspect, strengthens the constrains of state power to insure attorneys rights are exercised according to law, and supervises practice of the judicial organizations in accordance with law, so as to further improve the level of China's judicial civilization and increase the attorneys'enthusiasm in the criminal defense.