| Lawyers act as defenders in criminal proceedings and assume defense responsibilities.The role of criminal defense lawyers is to safeguard the legitimate rights and interests of criminal suspects and defendants,so as to strengthen their status as the subject of litigation,and to promote substantial equality between the prosecution and defense in the process of litigation.Criminal suspects and defendants are treated fairly.In our country,criminal defense lawyers in particular have made important contributions to the realization of judicial justice and protection of human rights,but they also bear huge risks.Whether the defense rights of lawyers can be fully exerted is related to whether the legal rights of the parties can be fully guaranteed.To give full play to the rights of lawyers in criminal defense,not only a good social legal environment,but also the supporting construction of various related legal systems is required.Lawyers’ criminal defense immunity is an important right to improve the criminal defense environment of lawyers in my country.Lawyers’ criminal defense immunity is a powerful guarantee for lawyers to protect the legitimate rights and interests of clients and reduce the risk of lawyers’ practice in the process of criminal proceedings.Many countries in the world have There are perfect regulations on the defense immunity of lawyers’ situation,while my country has only determined the speech immunity of lawyers’ criminal defense.Especially now,with the gradual advancement of the full coverage of lawyers’ defense in criminal cases,the protection of the legal rights of criminal defense defense lawyers is even more important.should be given attention.This article aims to provide trivial ideas for the construction and improvement of lawyers’ criminal defense immunity,what is lawyer’s criminal defense immunity,what is the basis for granting lawyers’ criminal defense immunity,and how to realize the lawyer’s criminal defense immunity in my country.the question to be discussed.This article consists of three parts:The first part explains the principle of lawyer’s immunity from criminal defense.In this part,firstly,it introduces the basic concept of Criminal Defense Immunity and the connotation of Right Constitution defense right,and summarizes the concept and legal characteristics of lawyer criminal defense immunity from the representative academic point of view,including professional characteristics and procedural characteristics;And its internal relationship with the civil right and defense right guaranteed by the constitution,and sort out the specific content of this right.The second part expounds the rationality,necessity and feasibility of establishing criminal defense immunity system in China.Firstly,it analyzes the rationality of the system from the theories of human rights protection,judicial justice,freedom of speech and protection of special interests;Then from a practical point of view,it introduces the current situation of China’s law,culture and judicial practice,points out the imperfections of lawyers’ Criminal Defense Immunity in China,analyzes its causes,analyzes the necessity of lawyers’ Criminal Defense Immunity,and considers the feasibility of establishing lawyers’ Criminal Defense Immunity from the internal requirements of criminal justice reform and equal confrontation between prosecution and defense.The third part is the analysis of the legislation and practice of lawyers’ immunity from criminal defense system in China.First,the lack of effective legislative protection leads to lawyers being unreasonably held accountable for criminal defense.Second,the exercise boundary of immunity from criminal defense is not clear enough,which is easy to lead to the unreasonable claim and abuse of immunity by lawyers.Therefore,there is a problem that the reasonable restriction and norms of immunity from criminal defense are not in place.Analysis of the legislation and practice of lawyers’ immunity from criminal defense system in China.The fourth part focuses on two aspects: Legislative Perfection and mechanism guarantee.In this part,the improvement of legislation focuses on the normative construction of two aspects.One is the normative construction of the effective protection of criminal defense immunity,and strengthen the relief procedure after the criminal defense lawyer’s criminal immunity is unreasonably restricted and deprived.The author suggests: first,improve the legislation: sort out the relevant provisions of the criminal law,the criminal procedure law and the lawyer law,In particular,the relationship between "lawyer perjury" in Article 306 of the criminal law and lawyer’s Criminal Defense Immunity,and clarify the scope of application and restrictive conditions of lawyer’s defense immunity. |
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