On The Practice Risk Of The Counsel

Defense system is an important part of the modern legal system; reflect the degree of democracy and fairness clearly. It has very important role in the promotion and protection of justice. Defense system is conductive to safeguard the defendants'rights and interests. The counsel system play an important role in the whole system, not only because others have a limited defense, but also because the counsel have unparalleled advantages than the other defendants. However, the situation of China's counsel isn't being optimistic: the first hand, the defend rate is low. According to statistics, only 30% of criminal cases where lawyers have and this ratio has also been on the decline; the other hand, defense counsel have high-risk, lawyers who were beaten, arrested are common occurrences. The situation is not only leaded to the inadequate protection of defendants'rights, but also affects the development of the lawyer. How to correctly understand and reduce the risk of defense counsel is an urgent need to practice.This paper is divided into five parts. The first part is the introduction, which mainly describes China's current criminal defense. The second part is the risk categories of the counsel:mainly including the risk of criminal liability, personal security risks, economic risks, reputation risks . The third part is the causes of counsel. External factors including legislative shortcomings, criminal structure model and the power configuration issues and so on. Internal factor is that some lawyer's have violations of law. Part IV is the counsel practice to reduce the risk of countermeasures, including the improvement of legislation, changing attitudes and the like. To improve the quality of lawyers, mainly from their own lawyers to improve their own self-cultivation, improve the level of the practice of law and strengthen risk prevention awareness, increase self-protection capabilities to elaborate. Part V is the conclusion which put forward to improve the lawyer's practice environment and promote the healthy development of some of the lawyer system outlook.Use of empirical research methods is the innovation of this paper. Inadequate depth of the problems is the analysis is not enough practice; some measures are also questionable, which requires the author have a later study and work continuously.