| As an important part of the team of practicing lawyers,criminal defense lawyers play an important role in promoting the development of democracy and the rule of law in our country,safeguarding social fairness and justice and protecting the legitimate rights and interests of the parties.In other words,criminal defense is the best way to reflect lawyers Value of the field.In 1997,the promulgation of the Lawyers Law established the legal status of lawyers.In order to find a system of criminal defense lawyers’ rights protection in line with our country’s situation,the law has been constantly revised and perfected,which has given the lawyers a lot of unprecedented rights,In the judicial practice,the lawyer’s practice environment has not really improved,resulting in lawyers in the exercise of criminal defense in the process of difficulties,so many lawyers do not want to act criminal cases.2009 Chongqing "Li Zhuang case",although after a lapse of time,but it has become a hot topic on the plight of lawyers practice,has aroused widespread concern in the legal profession.So,are we supposed to be calm to analyze the cause of this situation in the end what is? In order to find an effective solution.Therefore,this paper enumerates the case of criminal defense lawyer’s case in China’s judicial field in recent years,takes the questionnaire,investigates and analyzes the current situation of the practice environment of criminal defense lawyer in our country,and puts forward the corresponding countermeasure and Suggest.This article is divided into four parts,the first part introduces criminal defense attorney rights,which includes personal rights and litigation rights,and focuses on the rights of lawyers in criminal proceedings,around the study of criminal defense attorney rights,introduced such as the effect of "li zhuang" in big criminal defense attorney rights cases,by the methods of empirical research,the criminal defense attorney rights of our country security analysis of the status of the investigation,statistics,survey data for results show,in the form of a histogram and concluded the problems form of defense attorney rights in China mainly concentrated in the following aspects: the meeting right,reading right,the right of investigation and the exercise of exemption rights can not get the real security,in addition,there are many lawyers to current practice environments are not satisfied,the judiciary staff relationship with the lawyer is not friendly,etc.;The second part analyzes the punishment defendant lawyer rights the reasons of the existence of defects.This chapter firstly analyses the flaws of the legislation on and analysis of punishment defendant lawyer perjury in the legislative level to resolve the dilemma of a lawyer’s practice;Secondly from the abuse of minor analyses the reason of punishment debate attorney rights defects;Finally from the influence of Chinese traditional legal concept,part of the public of the legal profession and the lawyer’s professional quality is discussed.The third part is the analysis of outside punishment argue a lawyer right safeguard system,through comparing the two legal systems in main countries argue about punishment law system of regulation,protection of the rights on the basis of analyzing the outside system,put forward Suggestions for reference to China,and tries to explore suitable for our country’s criminal defense attorney rights protection system.The last part is aimed at our country exists in criminal defense attorney rights security system,put forward the corresponding Suggestions.To give full play to the role of the lawyer punishment debate,not only to turn from the concept,improve the sentence the defendant lawyer accomplishment,perfect the legislation,at the same time,it must strengthen and minor organ protection punishment right of defendant lawyer responsibility;Make clear a regulation violation of punishment defendant lawyer rights courts organs for the legal consequences... |
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