A Study On The Legal Issues Related To Refusing Counsel

In recent years, the criminal defense lawyers leave to protest against the court’s case, the attention of academic and practical departments.In this paper, through the six lawyer leaves the typical cases, found the case presents the following features: Leaves the incident region wide distribution, Leaves the lawyer’s practice is given priority to with Beijing, mainly for the collective leaves, leaves the way leaves the lawyer for more experienced, leaves the reason is mainly involved in the case of procedural issues, and leaves the attorney general is not punished.Why lawyers will leaves? Through the typical case of the defense lawyer leaves the reason and analyzed, it can be seen that lawyer leaves was caused by the parties before the court failed to resolve relevant procedural dispute, trial lawyer with a judge on procedural problem handling, and questioned the judge’s trial command behavior. While the defense lawyer leaves the deep reason has the following several aspects: First, the lack of credibility of the trial, the judge neutrality insufficient, the existing court rules lag; the second is professional community is fragmented, lacking both the trial defense identity; the third is facing the dual pressures of the judge, or felt helpless or powerless; Fourth, the lack of sanctions illegal court proceedings, the right to relief mechanism absence; Fifth, by virtue of the new media, lawyers and judges "purists" emboldened enhanced.It is a fact of the defense attorney leaves the court, whether you take or do not pay attention to it, it raises legal issues is there, it is worth deep thinking and make a rational response to. For example, the problem whether retired lawyer retired for legitimacy, after the procedure and the prosecutor exercising the right of supervision. This article from the legal principle, the legal regulation, the legal spirit and the human rights safeguard angle and the reference to the overseas beneficial experience to carry on the analysis and the solution to the above question.Defense lawyers leave belong to the judicial chaos. In the present trial lawyer leaves how to weigh the pros and cons of, the author thinks that lawyer leaves the objectively help to safeguard the interests of the defendant, but beneath the court dignity, therefore, neither regardless of "punishment" leaves the lawyer, nor in law cannot give a lawyer leaves the rights.To solve the problem of leaved lawyer, I believe from the following five aspects: first, improve the credibility of the trial. The specific path for the judge should abide by neutrality, in the peer review mechanism to the introduction of judges and lawyers in the evaluation and revision of "people’s court rules"; second, remodellaw occupation community, namely the reform of legal practitioners professional training mode, expand the scope of selection of judges from lawyers and members of the community to establish communication platform; third, through the promotion of criminal cases give full play to the function of the classification, meeting before the court, for the designation of jurisdiction sensitive cases to reduce the case of judge and the pressure; fourth, improve the defense lawyer’s defense right relief mechanism, perfecting the mechanism of lawyer’s objection expression mechanism, establish trial procedure illegal sanctions mechanism and improve the maintenance of lawyers the right to counsel; fifth, improve the public trial and regulate the behavior of the media supervision, the news media reported the case of normative behavior, regulate the defense lawyer from the media The act of publication of the case information.