The revised "Lawyer Law" from June 1 since the implementation of the new "lawyer" to resolve the lawyers "difficult meeting" and "hard markers" and "hard evidence" chronic problem has made a series of important breakthroughs. These breakthroughs have been generally welcomed the community, but many industry believes that the new "lawyer" after the promulgation of the implementation of how vital is directly related to the amendment of the Act can achieve the goal.
In fact, the practice to protect the rights of lawyers, in addition to legislative counsel to the corresponding rights, but also is once these rights have been violated, how to provide relief » How to hold those responsible » But in the new "lawyer", and the existing Criminal Procedure Law and other relevant laws, abuse of public power for a "difficult meeting" and "hard markers" and "hard evidence" of those responsible, but also does not provide the appropriate accountability mechanisms. So, to solve the "three difficult" to be encountered great difficulties.
At the same time, some impact on the normal practice of lawyers there are legal provisions, such as the existing section 306 of the Criminal Procedure Law, "lawyer perjury." 10 years, some lawyers are often so worried about the "charges" against him was retaliation, leading to many lawyers fear that the contractor criminal cases, the rate of decline defence.
Also noted that the new "lawyer" under the lawyers met with the right to the right markers, such as the right to investigate and collect evidence, the current Criminal Procedure Law and there are many conflicts. Now, the new "lawyer" has been implemented, consequential amendments to the Criminal Procedure Law has not been done. This inevitably contradictions in the practice of law enforcement, and the historical experience has proven that some local law enforcement and judicial organs and legal counsel to understand if there are differences, it is conducive to the understanding of the fight against crime will always be political and judicial organs adopted, and some argue is conducive to the criminal Understanding, often ignored.
Some commentators have worried that the new "lawyer" can not withstand judicial practice of the unspoken rules, but in my view, the crucial question is not whether there is the unspoken rules, but we have not yet designed to digestion, these unspoken rules of confrontation "Rules are."
It is imperative that the Code of Criminal Procedure to speed up the amendment, lawyers and law implementation details such as the formulation of related laws and regulations, making the new "lawyer" nurtured by the new right of lawyers to spend, can the system in a more fertile soil in bloom. Most importantly, such a system design and improvement of the prosecution and the defence should be fully integrated into the balance, the protection of human rights, and other modern concept of the rule of law, truly reflects the legal constraints on public power.
In fact, the practice to protect the rights of lawyers, in addition to legislative counsel to the corresponding rights, but also is once these rights have been violated, how to provide relief » How to hold those responsible » But in the new "lawyer", and the existing Criminal Procedure Law and other relevant laws, abuse of public power for a "difficult meeting" and "hard markers" and "hard evidence" of those responsible, but also does not provide the appropriate accountability mechanisms. So, to solve the "three difficult" to be encountered great difficulties.
At the same time, some impact on the normal practice of lawyers there are legal provisions, such as the existing section 306 of the Criminal Procedure Law, "lawyer perjury." 10 years, some lawyers are often so worried about the "charges" against him was retaliation, leading to many lawyers fear that the contractor criminal cases, the rate of decline defence.
Also noted that the new "lawyer" under the lawyers met with the right to the right markers, such as the right to investigate and collect evidence, the current Criminal Procedure Law and there are many conflicts. Now, the new "lawyer" has been implemented, consequential amendments to the Criminal Procedure Law has not been done. This inevitably contradictions in the practice of law enforcement, and the historical experience has proven that some local law enforcement and judicial organs and legal counsel to understand if there are differences, it is conducive to the understanding of the fight against crime will always be political and judicial organs adopted, and some argue is conducive to the criminal Understanding, often ignored.
Some commentators have worried that the new "lawyer" can not withstand judicial practice of the unspoken rules, but in my view, the crucial question is not whether there is the unspoken rules, but we have not yet designed to digestion, these unspoken rules of confrontation "Rules are."
It is imperative that the Code of Criminal Procedure to speed up the amendment, lawyers and law implementation details such as the formulation of related laws and regulations, making the new "lawyer" nurtured by the new right of lawyers to spend, can the system in a more fertile soil in bloom. Most importantly, such a system design and improvement of the prosecution and the defence should be fully integrated into the balance, the protection of human rights, and other modern concept of the rule of law, truly reflects the legal constraints on public power.
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