A Study On The Perjury Of Lawyer

Domestic scholars make a lot of research on lawyer perjury, based on repeal or amend the Article 306 of Criminal Law, they proposed many solutions with construction suggestions, while these solutions failed to hit the targets just like near enough nowhere and cannot to solve the problem of lawyer perjury fundamentally. The author consider that in order to solve the problem the law perjury fundamentally, the only solution is drastic, determine the lawyer perjury nature as consequential offense in crime procedure law or judicial interpretation, a clear relationship of trust and confidentiality obligations between lawyer and client, exempt the qualification of client and close relatives as lawyer perjury witness, reform the dual system of judicial examination, the necessary judicial examination for detective, and enhance lawyer ethic training. Once this solution has been executed, either the Article 306 of Criminal Law is repealed or amended.Lawyers, as guardians of the law, play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship with and function in our legal system. A consequent obligation of lawyers is to maintain the highest standards of ethical conduct.In fulfilling his professional responsibilities, a lawyer necessarily assumes various roles that require the performance of many difficult tasks. Not every situation which he may encounter can be foreseen, but fundamental ethical principles are always present to guide him not for consequential offense. Within the framework of these principles, a lawyer must with courage and foresight be able and ready to shape the body of law to the ever-changing relationships of society.The Code of Professional Responsibility points the way to the aspiring and provides standards by which to judge the transgressor for consequential offense. Each lawyer must find within his conscience the touchstone against which to test the extent to which his actions should rise above minimum standards. But in the last analysis it is the desire for the respect and confidence of the members. His profession and of the society which he serves that should provide to a lawyer the incentive for the highest possible degree of ethical conduct. The possible loss of that respect and confidence is the ultimate sanction. So long as its practitioners are guided by those principles, the lawyer will continue to be a noble profession. This is its greatness and its strength, which permit of no compromise.Human self regarding nature to gene, genetic, genetic, marriage, kinship, kinship, marriage, kinship between altruism, cooperation, mutual exchange, non kinship between altruism, cooperation, mutual benefit and exchange of the same territory, community, cooperation between altruism, reciprocity, mutual exchange of rationality, habits, habits, customs, self denial, Deli he and interest transfer behavior standard, continuous relationship, social order, market economy, all kinds of occupation of altruism and interest transfer restriction mechanism, occupation morality, priest and confessor, special occupation between the psychological doctor and patient relationship of trust and confidentiality obligations, lawyer and client relationship of trust and confidentiality obligation. In furtherance of the principles stated above, The American Bar Association has promulgated this Code of Professional Responsibility, consisting of three separate but interrelated parts:Canons, Ethical Considerations, and Disciplinary Rules. The Code is designed to be adopted by appropriate agencies both as an inspirational guide to the members of the profession and as a basis for disciplinary action when the conduct of a lawyer falls below the required minimum standards stated in the Disciplinary Rules.Obviously the Canons, Ethical Considerations, and Disciplinary Rules cannot apply to non-lawyers; however, they do define the type of ethical conduct that the public has a right to expect not only of lawyers but also of their non-professional employees and associates in matters pertaining to professional employment. A lawyer should ultimately be responsible for the conduct of his employees and associates in the course of the professional representation of the client.The Canons are statements of axiomatic norms, expressing in general terms the standards of professional conduct expected of lawyers in their relationships with the public, with the legal system, and with the legal profession. They embody the general concepts from which the Ethical Considerations and the Disciplinary Rules are derived.The Ethical Considerations are aspirational in character and represent the objectives towards which every member of the profession should strive. They constitute a body of principles upon which the lawyer can rely for guidance in many specific situations. The Disciplinary Rules, unlike the Ethical Considerations, are mandatory in character. The Disciplinary Rules state the minimum level of conduct below which no lawyer can fall without being subject to disciplinary action. The severity of judgment against one found guilty of violating a Disciplinary Rule should be determined by the character of the offense and the attendant circumstance. An enforcing agency, in applying the Disciplinary Rules, may find interpretive guidance in the basic principles embodied in the Canons and in the objectives reflected in the Ethical Considerations.A Lawyer Should Assist in Maintaining the Integrity and Competence of the Legal Profession. A Lawyer Should Preserve the Confidences and Secrets of a Client.Confirm the confidentiality relationship between lawyer and client or close relatives, and protect this confidentiality obligation according to the law. In the criminal procedure or judicial interpretation the following rules should be stipulated: the two parties between defendant or close relatives and lawyers should not charge or testify each other because of lawyer duty behavior, and confidentiality exclude the qualification of client as witness. The concealment system and privilege of relatives witness together reflect the agreement of law to human goodness as well as respect and protect of close relationship between people, it is also the compliance of lawyer to the nature law. Similarly, testimony between and lawyer and client can refer to the method of "concealment". The only possibility to exempt the testimony should be restricted within the scope of crime concealment. Don’t trace the lawyer perjury is not equal to indulgence of lawyer. Apply the principle and professional ethics to restrain the lawyer. Meanwhile, define the accusation is possible, such as instigate, crime of endangering national security, crime of endangering public of security, crime against humanity, instigate crime of violent with exception. Testify exceed the scope of crime concealment is allowed. Exempt the testimony is only used in the accusation. It is possible to limit the accusation categories, such as crime don’t exempt the testimony mentioned above. It is possible to limit the highest term of penalty, for example, if imprisonment not more than ten years is allowed to exempt the testimony, otherwise it isn’t. For another example, the accusation of severely endangering national security terrorist and humanity should be excluded, such as crime of endangering national security, crime of terrorism and crime against humanity. If the dual system of lawyer and non-lawyer legal service staff has bothered the order of legal profession, while the dual system of judicial examination and engage lawyer’s profession will abolish the sill of legal profession fundamentally. This will bring huge harm to the legal profession, to the Chinese legal education and construction of Chinese legal system. Regardless of legal、nonlegal、pass judicature examination or not pass judicature examination, people can work as lawyer, at least this Chinese characteristic is big question. Therefore, the country should introduce relevant measures to reform of dual system of judicial examination base on Chinese legal education system.The detective should also pass the judicial examination. Firstly, in order to increase the legal level of detective, the double-track system should stipulate that the detective can mount guard after pass the judicial examination the same as prosecutor and judge. Secondly, the detective and security police should be differentiate, the security police make arrests and the detectives make antecedent trial. In conclusion, the level of judicial officer and double-track system should increase to the level of lawyer, so as to decrease the possibility of lawyer perjury practically.The last suggestion is to establish management system conform to the profession feature. Firstly, the experienced lawyer should enhance and commit professional guidance to apprentice lawyer especially the nonlegal trainee during the internship, while considering the exception regard to the academic lawyers engage in the long-term teaching or research of law. Secondly, it is necessary to improve recruitment、dismiss and punishment system of law officer. Furthermore, enhance the lawyer professional ethic training is needed. The professional ethic is different to the work ethic, regarding the specialty profession as lawyer, it is more important to do professional ethic training. The essay starts from the attribute of the law education, analyzing the shortage and serious outcome of the work ethic education present in country’s law education.