Studying On The Extrajudicial Statementof The Defendant’s Lawyer

In 2013, a rape case drew the public’s attention, for one of the defendants is the offspring of a celebrity. With the progress of the case, the hearing of the trial and its plots that should be kept out of the outside are reported. The frequent comments of the defendants’ lawyers’ out of the court have a great damage on the professional image of lawyer and influence the impartial trial of the case. Therefore, it is necessary to regulate the extrajudicial statement of the defendant’s lawyer.The first part is introduces of the regulations about extrajudicial statements of the defendant’s lawyer in China. The author analyzes how the current laws and regulations limit lawyers’ extrajudicial statements from four aspects. The author will focus on the regulation of information leaking, because of there are a lot such regulations and they are the main basis to punish the defendant’s lawyer for his extrajudicial statements. Besides, the author analyzes the provisions that are valid or not to have a better understanding of them.The second part will check on the examples of extrajudicial statement of the defendant’s lawyer that reflect current situation of this issue. The author selects some typical cases, such as "The north sea law case", "Deng Yu jiao’s case", "Li’s rape case" and so on to introduce extrajudicial statement of the defendant’s lawyer. And based on the subject, the comments of lawyer can be divided into comments on judicial offices, on the participants in criminal proceedings, on the evidences, on the procedural matters and dependence of punishment.The third part analyzes and discusses the problems that appear in the first and second part. The reasons why lawyers have extrajudicial statements are due to their weak legal consciousness, the lack of clear regulations about punishment and the absence of relief. The author has realized that although the extrajudicial statement of the defendant’s lawyer can damage the interests of the parties, affects judicial justice and increases the risk of law practice, it can supervise the problems existing in judiciary in our country, and speeds up the balance between the substance and the procedure to promote the progress of the judiciary.Because the defendant’s lawyer’ extrajudicial statements can be useful and harmful, so the fourth part will ascertain the boundaries of the extrajudicial statement of the defendant’s lawyer through the analysis of the balance between a lawyer’s freedom of speech and the privacy of the parties, a lawyer’s freedom of speech and fair trial. Then is to regulate the lawyer’s behavior based on those boundaries and present provisions. The final step is to improve relevant regulations.