Lawyers alone can not protect the right to amend the "lawyer"

Lawyers Law Amendment Bill yesterday (28) drew the 10th National People's Congress Standing Committee of the 30th meeting of the vote. , Chairman of the NPC Law Committee said Yang Jingyu, the study commissioned by law, the proposal was revised to one of the terms, "lawyer met with the suspect, the defendant was not listening." (October 28, "Beijing News")

Why should special provisions "with lawyers not to be listening" » This is because "the judicial system is based on confrontation," but the past too
The investigation by authorities more access to monitor the investigation leads, and even a "lawyer perjury," the so-called "evidence", this is a serious departure from the rule of law, has been widely criticized.

Clearly, the requirement "was not met with lawyers monitoring", will help fight against the prosecution and the defence of equality, it is worth looking forward to. But simply to amend the "lawyer" in itself, the authors remained cautious optimism.

As early as in May 1996 issued the "lawyer", we will give lawyers "with the parties", "investigation", "markers", which at that time also caused the shock of international law scholars that the process of advancing the rule of law in China A big step forward. But to 10 later, "with difficulty, scoring difficult, hard evidence" is still a legal practitioner "three big mountains", thereby impeding criminal suspects and defendants to achieve the legitimate right of action.

Why not? » This is because the "lawyer" to the many lawyers are more rights principles, not specific, the lack of operable. The Chinese University of Political Science Professor Hung moral terms, that is, "" Criminal Law "," Xingsu Procedure Law, "some of the provisions, is the real result in the loss of right to counsel the real cause."

For example, the "Criminal Law" Section 306 for perjury related to the provisions of the Law Society has become the head of the Damolisi Sword, now willing to engage in criminal defence lawyers less and less. Too many facts have proven that 1997 amendments to the "Criminal Law", adding that the terms of the lawyers triggered reprisals against the occupation, aggravated criminal prosecution and the defence of the status of imbalance.

It is precisely this, I think that, in order to effectively protect the rights of lawyers, "lawyer" Laws must be the "Criminal Law" and "Code of Criminal Procedure," coordinating the same time, lawyers should also limit the rights of the corresponding provisions of the responsibility. Otherwise, the authorities seized the latter will continue to treat the relevant provisions of the Rights of lawyers, "lawyer" recognized the right to counsel, it is inevitable an empty promise.

The reason is very simple, the existing "lawyer" Even lawyers "with the right to" ensure that it is difficult, not to mention "the meeting was not listening."