Research On Defending The Practicing Rights Of Defense Lawyers In China

The lawyer system plays an important role in protecting the rights and interests of the parties,guaranteeing equal confrontation between the prosecution and defense,realizing judicial justice and connecting the international development of lawyers.In the future,in the construction of a society ruled by law,the value of defense lawyers in criminal litigation cases will become more and more important.By investigating the current situation of the exercise of the practicing rights of defense lawyers in Zhejiang Province,this paper deeply analyzes the problems existing in the exercise of the practicing rights of defense lawyers in China,and clarifies the optimization direction of the system from the perspective of the principle of balance between prosecution and defense and the principle of human rights protection.On the basis of comparative law,the author puts forward the way to perfect the protection of the practicing rights of defense lawyers in China.This paper is divided into four parts:The first part analyzes the problems in the exercise of the practicing rights of defense lawyers in China based on the situation of Zhejiang province.According to the laws and regulations issued by Zhejiang Province in recent ten years,the protection of the practicing rights of defense lawyers in China is regulated by legislation,lacking systematic legislative protection and obstructing legal provisions.500 lawyers in zhejiang province through the questionnaire survey and interviews,handed out 500 questionnaires,the recovery of the 496 questionnaires,remove some invalid questionnaire,for a total of 485 valid questionnaires,draw their own rights protection consciousness,the lack of part of the lawyer’s professional quality caused the disorderly competition and industry run,and the unsound legal professional community let lawyer professional recognition;According to the annual report of Zhejiang Bar Association from 2017 to 2019,it can be seen that the legal rights protection function of Zhejiang Bar Association is insufficient,and the distribution of the legal rights protection responsibility of the two legal associations is unclear in different places.On the measures of safeguarding rights,the lack of immunity of defense lawyers and the intervention and management of judicial organs make the exercise of defense lawyers’ rights greatly hindered,and there is a lack of perfect measures in the relief of rights.The second part is the theoretical foundation of the protection of the practicing rights of defense lawyers in China.The protection of the practicing rights of defense lawyers can realize equal confrontation between prosecution and defense,protect human rights,improve the efficiency of case trial,provide guarantee for the construction of a new type of prosecutorial relationship and the improvement of lawyers’ practicing environment,and also embody the value of judicial justice and procedural justice.The third part,the protection of defense lawyers’ right of practice and its enlightenment under the comparative law.This paper mainly selects four countries,the United States,Japan,Germany and the United Kingdom,according to the key elements of the protection of lawyers’ right to practice,and compares them from the three aspects of legislative norms,lawyers’ self-protection,and lawyers’ association protection mechanism,and summarizes the relevant practices of countries outside the region on the protection of defense lawyers’ right to practice for reference.The fourth part,the perfect way to protect the right of practicing defense lawyers in our country.In terms of institutional norms,it is necessary to refine the special provisions on institutional rights protection and establish and perfect the provisions on the immunity of practicing defense lawyers.On the construction of lawyers themselves,through improving the insurance system of lawyers’ practice and the mutual relief system of lawyers,the prevention and mutual assistance of defense lawyers’ own practice rights infringement should be strengthened.In the supporting measures of lawyers’ rights protection,give full play to the legal association’s rights protection function,and build a legal profession community,and rely on science and technology to optimize lawyers’ rights protection;In terms of rights relief,the channels for lawyers’ complaint and complaint should be unimpeded,supplemented by a quick linkage mechanism for lawyers’ rights protection and a multi-department communication and coordination mechanism,so as to improve the procuratorial supervision function of the procuratorial organs,so that the lawyer system can really play a practical role.