The Study Of Establishing New Prosecutors And Lawyers Relationship

In our current judicial system, the relationship between prosecutors and lawyers iscentrally embodied in the confrontation of prosecution and defense and adjudicationsupervision. Allowing for their dual role as the State prosecutors and legal supervisor,prosecutors have an inherent advantage of power given by the State. In the exercise of theright of initiative prosecution，prosecutors often ignore the interests of the suspect and thedefendant. One of the results is that the defense rights are hardly exercised under a highpressure accusation. As the defenders of party interests, lawyers are subject to the constraintsof existing judicial system, that is both difficult to properly intervene in the proceedings andunable to effectively defend, which has been hard to an equal fight. It is clearly contrary to theadversarial judicial model under the theory of “equal arms”. It also neither meets therequirements of the balance of mind nor reflects prosecutors’ function of adjudicationsupervision under legal supervision.From the perspective of modern criminal justice, rational design of inspection lawrelationship should have a triple meaning: Coexistence of confrontation and cooperation inthe framework of criminal proceedings. Role orientation in building legal professionalcommunity. Positive interaction under the system of the State legal supervision. Betweeninspection and law, there is neither a simple plea relationship nor a simple confrontation one.Only positive interaction does exist in between, which are the unity of opposites,interdependence and promotion. Under new situation, we should focus on building a positiveinteraction between prosecutors and lawyers and fulfilling the duties of legal professionalcommunity.In the State criminal justice practice, there realistically exist a long term of evolution inthe interaction between prosecutors and lawyers. This term underwent the process from theabsence of law to the imbalance of that and the confrontation of that. More than fifty years,since our country founded, has witnessed the judicial exploration. Along with the constantrevision and improvement of the Constitution, the Criminal Procedure Law and the lawyer Law, prosecutors’ indictment function has been gradually standardized and their power hasbeen restricted effectively and their supervisory function has been highlighted and deepenedcontinuously. Lawyers’ role has been finally located as “The professionals who provide legalservices for the party” after several changes, and ahead of time has been involved in criminalproceedings, and defense rights have been expanded constantly and occupational interestshave been ensured further. In recent years, inspection law relationship has been improvedsignificantly based on legal support and effective judicial interpretation norm. There has alsobeen actively exploring and building the positive interaction mechanisms between prosecutorsand lawyers in different places, which offers a favorable condition to build a new relationshipof inspection and law of our State.Building a new inspection law relationship is based on “equal arms” theory, theprocedural justice principle, and harmonious justice. As a new topic of the supreme, it shouldbe focused on solving the problem of being away with “firewall” between prosecutors andlawyers. Innovating idea, equal confrontation, promoting exchanges, strengtheningmanagement, building positive interaction mechanisms and legal professional communitymake a contribution to forming such an inspection law relationship with a positive interactionand mutual understanding, respect, support and supervision.