The Current Situation And Reflection Of Professional Ethics Of Criminal Lawyers In China

The professional ethics of criminal lawyers is the code of conduct and moral requirements that criminal lawyers must abide by in the process of practicing,which also guides the direction of the lawyers.The professional ethics and professional knowledge are the two pillars supporting the profession of criminal lawyers.On the one side,the professional knowledge of lawyers enables them to analyze and solve legal problems accurately.On the other side,the professional ethics can guarantee the correct and complete use of law by lawyers.In recent years,a series of scandals involving criminal lawyers’ violation of professional ethics have broken out.The lack of professional ethics of criminal lawyers is a serious problem,and criminal lawyers’ social image is deeply affected.In practice,the lack of professional ethics of criminal lawyers is mainly manifested in the following aspects: firstly,in the relationship with the client,the lawyer divulges case information,discloses the privacy of the client to the public,violates the duty of loyalty,and arbitrarily suspends or refuses to defend,which violates the duty of confidentiality.Secondly,in terms of the relationship with judicial personnel,lawyers collude with judicial personnel such as judges and prosecutors and conduct unfair transactions with them.Thirdly,in the peer relationship,the main performance is unfair competition.Criminal lawyers derogate their peers while promoting themselves.The reason can be analyzed from both internal and external angles.On the one hand,there are some internal factors: internal value conflict,lack of professional belief and lack of professional ethics skills,and so on.On the other hand,from the external point of view,there are the following factors: First,the commercialization has brought a huge impact on the lawyer industry.Secondly,the criminal lawyer’s right to defense is lack of protection.At the same time,the clients and their families put forward improper requests to the criminal lawyer.There is no doubt that these factors are the main reasons for the absence of professional ethics of criminal lawyers.Before the upsurge of discussion on professional ethics of criminal lawyers,the importance of professional ethics of criminal lawyers has been seriously ignored in both theoretical and practical circles.From a micro level,criminal lawyers are defined as "practitioners who provide legal services for clients",whose work is to provide legal services for clients and protect their legitimate rights and interests.Professional ethics help to ensure that criminal lawyers provide legal and effective legal services to clients.From a macroscopic perspective,the criminal lawyer’s professional ethics is an important part of our country’s legal system,which can improve the criminal lawyer’s professional level and the country’s legal construction.Therefore,improving the professional ethics of criminal lawyers is an important guarantee for promoting the development of the entire legal profession and the construction of socialist rule of law.This paper will be based on the current situation of the lack of professional ethics of criminal lawyers in China,summarize the performance of the lack of professional ethics and its causes by the analysis of typical cases.In addition,with the professional ethics system of foreign countries,a higher and deeper understanding of the professional ethics of criminal lawyers needs to be achieved,and then put forward a plan to improve the professional ethics of criminal lawyers in China.Firstly,in line with the professional orientation of lawyers as "practitioners providing legal services for clients",the professional ethics of criminal lawyers need to be further transformed into a model centered on the duty of loyalty and restricted by the duty of public welfare.Secondly,the legal profession management system of our country is in urgent need of change.It needs to be changed in this way: weakening the state power,emphasizing professional autonomy,and constructing a management system dominated by the selfdiscipline of the profession,supplemented by judicial intervention and social supervision.Thirdly,relevant laws and regulations shall be strengthened.Finally,professional ethics education for criminal lawyers shall be strengthened at all stages.