Lawyers talk about the rights of the status quo

People given the status of lawyers under various conditions symbolic significance: the Law Society's position reflects the respect for civil rights by the extent of the rule of law reflects the national situation, reflecting the social civilization and Kaihua process. In our country, the rule of law, human rights has become a legitimate and strong words, coupled with the recent was held in Beijing's Central Pacific Bar Association 17th annual meeting, all the lawyers let us something to look forward to the position. If, however, listen carefully to the voices of groups of lawyers, in-depth study if the current rule of law practice, we will find that the lawyer's practice environment and social status but is not optimistic, worrying. NPC law enforcement inspection group "on the inspectiow> implementation of the report" also pointed out that "more difficulties practising lawyers," lawyer practising rights are not respected and protected.







Practising lawyers difficulties, mainly in criminal activities. For such difficulties, lawyers and law experts stressed that sector the most is four, a criminal defence lawyer called the "four difficult": a "scoring difficult." 1996 "Code of Criminal Procedure" change, the criminal indictment in the case review commissioned by the counsel to the indictment stage; criminal cases prosecuted, the main dossier is no longer transferred to the people's courts, therefore, whether the review of the indictment stage, or at the trial stage, Lawyers need to understand the merits prosecution files available materials. However, lawyers have generally reflected some key evidence and litigation instruments, the procuratorial organs are often unwilling to provide, thus limiting the lawyers on the merits of comprehensive and timely understanding. Er Yue met with difficulties. In the formal system, lawyers have met with the rights of the accused, but many lawyers reflected in judicial practice, lawyers are many restrictions on this right: In some areas, the need for prior approval before the meeting, some involving state secrets is not an excuse Allow the meeting, with some restrictions on the time and frequency, and some delays in arrangements for the meeting, some surveillance and talk with some restrictions on questioning the contents, and so on. Sanyue evidence difficult. Although the law provides criminal defence lawyers to investigate the facts of the case on the evidence, can also apply for the judiciary to assist in the investigation, but the actual proceedings of the difficulties. Because on the one hand, the lawyers of investigation and evidence collection more restrictions, such as the need for the parties agreed that the judicial permission, and so on the other hand, the lawyers did not investigate and collect evidence to support public power, in practice almost impossible to apply for judicial assistance. Si Yue "difficult to defend." Lawyers in court, the burden of proof, Testimony, debates, questions are often not the right to due attention to defence, the Acting views in the Magistrates instruments often are not reflected.

However, in criminal proceedings, the criminal defence lawyers is not only "difficult", but there is another danger. This is because, to amend the Criminal Code in 1997, an increase of well received by the controversial Article 306, that this is an act against the terms of lawyers, including three counts: the crime of destruction of evidence, evidence of the crime of false testimony and obstruction of the crime. According to the National Bar Association's statistics, in 1999, 2000 and 2001, three years, criminal defense lawyers for evidence of the crime of obstruction, perjury and other charges the prosecution was 27, practising lawyers in the course of the legitimate rights and interests are infringed The case was the rising trend of such cases up to 52. In practice, lawyers for the count because of alleged cases of more than 80 percent for the making, Doubtful Case, the last more than 90 percent were acquitted. To this end, the National Bar Association was established in 1998 to safeguard the legitimate rights of lawyers.

So, how to enhance the social status of lawyers and solicitors to improve the practice environment » First of all, should amend the relevant laws and regulations, improving the system of environmental lawyers. On the one hand, to amend the provisions of criminal responsibility on the lawyers, law experts and lawyers groups advocate general, abolish the "Criminal Law" 306, given lawyers and the parties the right to freedom and privacy of communication, defence lawyers to the criminal liability immunity, and Western developed countries And the United Nations Criminal Justice convergence criteria. On the other hand, modify the "Code of Criminal Procedure," the Criminal change the structure, mechanisms to protect lawyers from the litigation rights. Criminal defense lawyers inferior status, to a large extent is the current structure led to the lawsuit. Construction of such a feature of the proceedings, the prosecution and the defence of the status of serious wrong, wrong, and so on and this is due to a series of institutional arrangements for the lead. For example, if the prosecution to provide access to the dossier substantially diminished, the system is not effective relief measures; detention center in custody accused of belonging to the public security organs and public security organs and procuratorial organs together, in the litigation and criminal defence counsel's position is The opposition in the proceedings, the prosecutor is also legal supervision organs, the head of public security organs in many places the same time the party's secretary of the Politics and Law Committee, made Zhenkong authorities the legal status and real power as far superior to social work The lawyers, and so on. Therefore, in order to enhance the status of lawyers, it is necessary to change the structure of such litigation mode.

Secondly, it is also necessary in the society within the concept of innovation, system reform and operation of advanced knowledge and conceptual basis. On the one hand, we have to change that emphasis on national interests and ignore the rights of the individual, trust, public power and preventing a sense of social forces. To a large extent, the rights of lawyers reflected by the most deep-seated problems, not a lawyer groups of their position, but civil rights and social interests be respected and the protection level. Because our system gives rights lawyer, aimed at better supervision and restriction of public power and safeguard the rights of individuals. In this regard there have been some welcome changes, embodies the concept of such changes. For example, the fireworks ban change from limited release, the history of the cattle house last nail households were not Qiangchai, "the citizen's legitimate private property shall not be encroached upon" and "the state respects and safeguards human rights" and stressed that the rights of the individual The interests of the community write the terms of the amendment to the Constitution, and so on. On the other hand, to enhance the meaning of due process of understanding, to change that, "lawyers for the bad guys absolve" the wrong views. In fact, it is because of the excellent work of lawyers, on the one hand, enabling the country to have criminal penalties legitimacy, on the other hand this is also largely avoided the mistakes and arbitrary punishment.