Lawyers Out Of Court Speech Rights In China’s Criminal Court

For criminal judicial rights of speech research, a lawyer shall be fully broken down, the problem of ontology to spin off its ontology as the main body, compulsory subject, object, content, on the basis of discussing, and accurately understand the meaning of "court", on the basis of puts its social perspective pulled out one of the connotation of the value, the value connotation mainly for its law court litigation tool utility of speech, lawyers to follow professional ethics, the need for litigation structure in the preset force distribution and is beneficial to the social work of the judicial were analyzed, and the associated elements such as from which to the interest. Based on this idea, this article from the positioning of the legal profession, lawyers, lawyer defense functions, the lawyer’s professional ethics requirements and the process of professional development and the dimension of the present status of a lawyer’s practice and combining with the experience of domestic and foreign existing law court right of speech rules analysis, in analyzing the existence value and the regulation of the law court speech mechanism, put forward the law court’s remarks of the present situation of the competition, there are a variety of interests that the lawyer out-of-court speech rights rules construction has become a way to seek the balance of interests. This paper explains in the construction of our country law court rules speech should choose principled provisions and exception the legislative mode of combining the lawyer out-of-court remarks made clear and reasonable limits, on the basis of the exception of care for special circumstances.