The effect, the new "lawyer" in the June 1 implementation. Compared to the old law, the new law there were several bright spots, so that lawyers not only the rights, obligations more clearly and to the vital interests of the people has brought many benefits. For example, individuals can run firm, court entered a "supermarket", the party may choose according to their own needs law firm; "difficult meeting" and "difficult to investigate and collect evidence," and "hard markers", has been troubling the three criminal defence lawyer Major challenge will be the greatest extent possible solution.
The report used the term "public lawyer Guangchao Shi as convenient as" the topic, the author is the news headlines imagination: Xinbu lawyers such as supermarkets, random selection, that is what scene! There is no doubt that this is the result of improving the legal system. The new "lawyer" the implementation of the Law Society for improving the practice environment, further from the legal level of protection of the legitimate rights of the rights, is of great significance. However, despite the new "lawyer" a lot of bright spots, but expect achieved at once, it would be premature. From another perspective, the new "lawyer" is the introduction of the legislative progress, does not mean that the implementation of the progress, the lack of specific implementation details or had not been implemented, even the best laws, it is only "vest" only .
Let us look at the new law the new requirements, "lawyer practising in the activities of the personal rights are not violated. Lawyers in the court's agent, the defence advice from legal proceedings, but released endanger national security, malicious slander against other people, seriously disrupting the order of the court Except for words. This is the first time lawyers "immunity", I think this is a major breakthrough, to ensure that lawyers in the discharge of their duties not to worry about, lawyers and prosecutors has created a stage for equality, justice and the maintenance of law Fair is of epoch-making significance, but what is "endangering national security, malicious slander against other people, seriously disrupting the order of the Court of speech" has not provided a clear, in judicial practice, but also entirely possible investigation by the judiciary to make a unilateral standards, To form some kind of judicial practice, the suppression of lawyers in disguise. "New Lawyers Law No. 33: criminal investigation authorities suspect was the first interrogation or the taking of measures, from the date of lawyers commissioned by lawyers practising certificate, law firm And that power of attorney or legal aid letters, the right to meet criminal suspects and defendants and understand the circumstances of the case. Lawyers met with criminal suspects and defendants, were not listening, "Huabingchongji more people have a sense because it provides with the relevant criminal laws, judicial interpretations and regulations conflict (with the contradictions are: Article 96 of the Code of Criminal Procedure, The Supreme People's Court and high seized, the Ministry of Public Security, Ministry of National Security, Justice, the Work Committee of the NPC Standing Committee "on a number of problems in the implementation of the Code of Criminal Procedure the provisions of" Article 11, "the public security organs for criminal cases procedural requirements" section 44 "People's Procuratorate Rules of Criminal Procedure" section 151, 152). These laws and regulations require, in the investigation stage, the lawyers met with the suspect, must be approved by the authorities for investigation. There is a clash between the law, the law does not implementation details, Operability not strong, and likely to cause a conflict of interest or point of view of self-so, not conducive to safeguarding the rights and the protection of the legitimate rights and interests.
Of course, we recognize that the new law has many bright spots. The top priority is to improve the supervision and control of public power systems do, to let the investigation and judicial power under supervision and restriction, it is necessary to intensify the new "lawyer" of the law enforcement and firmly correct violations, timely for the law The conflict and strengthen the loopholes in legislation, the implementation of operational details for the new "lawyer" can really play a right to protect the legitimate rights of the role.
The report used the term "public lawyer Guangchao Shi as convenient as" the topic, the author is the news headlines imagination: Xinbu lawyers such as supermarkets, random selection, that is what scene! There is no doubt that this is the result of improving the legal system. The new "lawyer" the implementation of the Law Society for improving the practice environment, further from the legal level of protection of the legitimate rights of the rights, is of great significance. However, despite the new "lawyer" a lot of bright spots, but expect achieved at once, it would be premature. From another perspective, the new "lawyer" is the introduction of the legislative progress, does not mean that the implementation of the progress, the lack of specific implementation details or had not been implemented, even the best laws, it is only "vest" only .
Let us look at the new law the new requirements, "lawyer practising in the activities of the personal rights are not violated. Lawyers in the court's agent, the defence advice from legal proceedings, but released endanger national security, malicious slander against other people, seriously disrupting the order of the court Except for words. This is the first time lawyers "immunity", I think this is a major breakthrough, to ensure that lawyers in the discharge of their duties not to worry about, lawyers and prosecutors has created a stage for equality, justice and the maintenance of law Fair is of epoch-making significance, but what is "endangering national security, malicious slander against other people, seriously disrupting the order of the Court of speech" has not provided a clear, in judicial practice, but also entirely possible investigation by the judiciary to make a unilateral standards, To form some kind of judicial practice, the suppression of lawyers in disguise. "New Lawyers Law No. 33: criminal investigation authorities suspect was the first interrogation or the taking of measures, from the date of lawyers commissioned by lawyers practising certificate, law firm And that power of attorney or legal aid letters, the right to meet criminal suspects and defendants and understand the circumstances of the case. Lawyers met with criminal suspects and defendants, were not listening, "Huabingchongji more people have a sense because it provides with the relevant criminal laws, judicial interpretations and regulations conflict (with the contradictions are: Article 96 of the Code of Criminal Procedure, The Supreme People's Court and high seized, the Ministry of Public Security, Ministry of National Security, Justice, the Work Committee of the NPC Standing Committee "on a number of problems in the implementation of the Code of Criminal Procedure the provisions of" Article 11, "the public security organs for criminal cases procedural requirements" section 44 "People's Procuratorate Rules of Criminal Procedure" section 151, 152). These laws and regulations require, in the investigation stage, the lawyers met with the suspect, must be approved by the authorities for investigation. There is a clash between the law, the law does not implementation details, Operability not strong, and likely to cause a conflict of interest or point of view of self-so, not conducive to safeguarding the rights and the protection of the legitimate rights and interests.
Of course, we recognize that the new law has many bright spots. The top priority is to improve the supervision and control of public power systems do, to let the investigation and judicial power under supervision and restriction, it is necessary to intensify the new "lawyer" of the law enforcement and firmly correct violations, timely for the law The conflict and strengthen the loopholes in legislation, the implementation of operational details for the new "lawyer" can really play a right to protect the legitimate rights of the role.
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