The Conflict And Resolution Between The Professional Ethics Of Criminal Defense Lawyers And The Public Ethics

Lawyers are an important member in the construction of the legal community and an important force in promoting the construction of a socialist country ruled by law.Among them,the trial of criminal cases involving criminal defense lawyers has also been increasingly concerned by the public.Because some serious criminal cases are not only related to the interests of the parties and victims,but also closely related to the public interests.However,the professional ethics of the criminal defense lawyer,sandwiched between the public and the law,is also in conflict with the public ethics.At present,the research focus in China is mainly on the professional ethics of lawyers,and the research on criminal defense lawyers is less concerned.At the same time,in terms of research content,the focus is also mainly on the relationship between lawyers and clients,and the relationship between lawyers and members of the law community.As a concept of ethics,the professional ethics of criminal defense lawyers should include the corresponding moral core.Through the corresponding ethical analysis,establish a set of ethical core suitable for the practice of criminal defense lawyers in China.China’s lawyer system started relatively late.Some theories related to lawyer professional ethics were introduced and transplanted from foreign countries,and some related theories are not suitable for China’s national conditions.Therefore,through the corresponding ethical analysis,it is of great significance to establish an ethical core suitable for the practice of criminal defense lawyers in China for the improvement of the professional ethics of criminal defense lawyers in China.At the same time,through the analysis of individual cases,the focus of the conflict between the professional ethics of criminal defense lawyers and the public ethics in practice is sorted out,and the corresponding connotation of the professional ethics of criminal defense lawyers is improved.The professional ethics of criminal defense lawyers should be included in the social common morality,and its ethical connotation should not exceed the social common morality because of its role identity and social division of labor.The professional ethics of criminal defense lawyers is a kind of regular institutionalized ethics,but this kind of regular institutionalized ethics is the moral core serving the ethics itself.We should not neglect the inherent morality of ethics because of the pursuit of regularization.The professional ethics of criminal defense lawyers is a code of ethics that takes the protection of conscience as the bottom line,takes the pursuit of justice as the goal,and serves the society as the responsibility.Through the construction of the core of the professional ethics of criminal defense lawyers,it makes it conform to the common morality of the society together with the public ethics.At the same time,in practice,by balancing the loyalty and truth obligations of criminal defense lawyers,we can improve the subject,scope,period and exception of confidentiality obligations,and thus resolve the conflict between criminal defense lawyers’ professional ethics and public ethics.