Lawyer Perjury Affect Defense System

As is known, criminal defense system has its legitimacy, mainlyaccording to its embodiment in the value theory. In other words, defenseright is a basic legal action, and protecting defense right is protectinghuman rights. The sense of defense system lies in its function to safeguardhuman rights and prevent abuse of criminal punishment. However, severaldisadvantages in reality, particularly the “lawyers’ perjury”, have led toplenty of problems in defense systems. Based on this point, I will shed lighton the current problems caused by the “lawyers’ perjury” in terms of fiveaspects.Undoubtedly, the inner value of lawyers’ conduct of practice should berecognized by the public. However, it is undeniable to point out theembarrassment in the China’s criminal defense fields. There are mainly twoincentives, one is the public misunderstanding of the lawyers’ professionproperty, and the second is the creation of the “lawyers’ perjury” based onthe misunderstanding. The profession property is misunderstood as havingindispensable link with the “lawyers’ perjury”. As for this accusation, threemain views coexist in the academic circle, namely, conserve, abolish, anduse in caution.In order to eliminate the unfavorable influence and its discriminationmeaning, we need to conduct all-dimensional interpretation in terms oflawyer system development of modern times, the relationship between thedefense lawyer and modern law principles, lawyer profession property, therelationship among the lawyer, justice and morality, lawyers’ mis-conductand its incentives, so as to restore the original image of lawyers andeliminate the public’s misunderstanding of the defense lawyer. In this way,we can create a series of premises for thoroughly abolishing the “lawyers’perjury”.In line with the current law,“lawyers’ perjury” has certain legitimategrounds. However, from the perspective of comparative law, though the US,Russia and Japan find consent in opposing perjury act in criminal lawsuit, no special limit is stipulated for the lawyers. Therefore, it is not thecommon international practice to set up a special criminal perjury clause.We come to find, by analyzing the “lawyers’ perjury” from the perspectiveof crime composite, that the crime has defect in the constitution of crime,which have created negative impact on China’s criminal defense system.Defense system attaches great importance on the human rightsprotection, but the “lawyers’ perjury” generates in a series of bad impactson it. Therefore, this paper will analyze China’s current situation ofcriminal defense system and shortcomings, and meanwhile echo the typical“Li Zhuang Case”, in order to directly reveal the strong impacts the“lawyers’ perjury” has imposed on China’s current situation of criminaldefense system.Besides, with respect of the problems found, I propose to abolish thestipulation of clause306of Criminal Law, and amend the clause307,considering the lawyer as the general subject “lawyers’ perjury” rather thandifferential treatment; Second, establish the solicitors’ practice exemptionsystem, replenish the lawyer disciplinary system and the judicial handler.