Lawyers' Perjury Research

Article 306 of the "Criminal Law" stipulates the "crime of perjury by lawyers".In response to this provision,the theoretical and practical circles have gradually generated discussions on the dispute over the preservation and abolition of the crime of perjury by lawyers and the falsification of charges.The crime of perjury of lawyers makes lawyers work under constraints and restrictions,and interferes with the defense rights of criminal suspects and defendants.At present,the legislature has not made any amendments or interpretations of the crime of perjury of lawyers.In practice,the abuse of perjury by lawyers has become a tool to retaliate against criminal defense lawyers,further exacerbating the problems of false defense activities,derogation of procedural justice,and increased risk of wrongful convictions.However,the abuse of perjury by lawyers is a comprehensive product of the complex relationship between judicial concepts,legal systems,and historical traditions.The defense balance mechanism,put forward suggestions on improving lawyers’ perjury crime from the three aspects of substance,procedure and rule of law,especially the secondary distribution of rights,and give defense lawyers an appropriate tilt to ensure the smooth realization of lawyers’ rights,so as to improve the The practice environment of criminal defense lawyers reduces professional risk.