Criminal Defense Lawyer Practicing Predicament And Its Countermeasures

Lawyers in the construction of modern legal society plays an irreplaceable role, along with the rule of law, the lawyer completed the process from "national people" to "social" transformation. For the particularity of criminal defense lawyer ,it has always drawn the universal attention of society, but at present the construction of the system of lawyers is difficult to stumble in our country.The research on the criminal defense lawyer risks and safeguard measures from this article is beginning with the most basic problem in the defense lawyers, at the first it expounded defense attorney professional characteristics, and then discussed the current criminal defense lawyer in the new situation, in the end elucidated the rule of security provision for criminal defense lawyer in developed countries specificly. The current presented on this criminal lawyers practicing dilemma, the mainly embodied in two aspects: duing to law are not perfect, especially the provisions of article 306 from "criminal law" giving a lawyer's practice brings the enormous legal risk. At the same time, because of the institutional reasons in the long run defense lawyer is standing on the edge of the legal system, causing defense lawyer met with difficult debate in punishment, obtain evidence difficult, defended difficult; Secondly because of misunderstanding on the social public to defense lawyer professional, it makes lawyers face many practice risk. Exploring its reason, it is not difficult to discover that there is traditional Chinese legal culture in which both factors and also have legislative defects and system defects, in addition the deficiencies of lawyer team is one of the important reasons. To basically solve the defense lawyer's practicing dilemma the most important is to be perfect for defense lawyer right on safeguard measures. First, By raising the threshold and regulate the lawyers practice management system improve the lawyer's own professional quality Secondly,because the particularity of the defense lawyer gives lawyers certain professional privileges, such as keeping secrets privilege and professional immunity; Thirdly, in view of the defects of article 306 from "criminal law" , setting by modified perfect the legislation safeguard to the lawyer's right; Finally, furtherly improving the relevant regulations and procedural sanctions , the behavior shall be sanctions on the infringement of defence lawyers of the litigation rights in the program.