The Research of Lawyers’ Rights System in the New Act of Lawyer

Today's society is a society ruled by law, and the lawyer is the use of legal knowledge to serve the people of the legal practitioner. Therefore, the lawyers in the rule of law throughout the implementation process plays an indispensable role. Lawyers Law provisions on the right to counsel is clearly achieve social fairness and justice, a powerful guarantee. October 28, 2007 of the Tenth National People's Congress Standing Committee of the thirtieth 次会议修订 \\gap. Comments on the topics of the value lies in the \Of limited knowledge, I hope you can play a valuable role. This paper studies on the legal system of rights, starting from the analysis of lawyer, attorney why the proposed configuration rights, their rights on the basis of what the source of the problem; rights lawyers and their origins from the start, and their rights lawyer described the early development of the system. Finally focuses on the system of the right to counsel, the right system and from our legal system of rights lawyers compare countries on the basis of our legal rights to rebuild the system to propose ideas. This article consists of the following five parts: The first part is the nature of legal profession. First, the legal profession's raison d'etre. From a lawyer in the state and society at two levels of the general population as well as the legal profession different functional properties of two fundamental aspects to explain the meaning of existence; two lawyers professional orientation. From the field of justice and social dimensions of the two aspects of Chinese lawyer to be clear positioning. The second part is the right lawyer. First, the generation of basic rights lawyer. Respectively, from domestic and foreign lawyers origin and early development to start, a general introduction to the formation of a lawyer associated with the lawyer system in the early stages of development throughout the world; second is the development of the right lawyer. Describes the meaning of the right to counsel, the right of counsel to illustrate the importance of starting the gradual process of development rights lawyer, according to the source of the different rights lawyer came into the rights and exclusive rights categories. The whole part is mainly trace the origin, the system generates a lawyer and the right to development begins early. The third part of the evolution of the modern system of rights lawyer. Late start of China's lawyer system, the real establishment and development stage after the founding, specifically various causes. This section is based on the time sequence, one from our slavery society budding lawyer system before the founding of our country until the end of the Qing regime lawyer lawyer system development on the country's development process. The second is by listing the rights of this law on lawyers to discuss our legal rights problems, focusing on lawyers in China after the founding of establishment and development, and further research in the new Solicitors' Law \and development, while the new \The fourth part of the system compared with national rights lawyer, began to enter from this part of the focus of the paper. First, the lawyer of environmental differences rights regime. I learned from the national constitutional protection of human rights and our long-standing pattern of neglect of human rights of men model compared to the historical and cultural traditions of the traditional analysis of the reason why our legal rights is such a development process, as well as encountered at this stage problem lies deeper reason. Two main institutions is a lawyer right comparison. This section focuses on specific systems starting from, starting from the details of our system of rights and national law attorney rights regime differences. Mainly from the following aspects of the more important rights systems were compared: a, right meets Comparative Study. Here in the United States and Japan, lawyers met with the rights of criminal suspects as the main comparison object; 2, marking the right comparative study. Here mainly to Japan and Russia scoring right target specific provisions for the main comparison; 3, investigation and evidence collection rights regime comparative study. Here mainly to the United States in particular, common law rules of the specific provisions of the Criminal Procedure Law and the provisions of our laws in the comparisons of where the gaps. In the fourth part, the author not only pay attention to history, traditions and to illustrate the differences between China and countries, from analyzes the causes of, and concerned about our system of rights and national law in the specific provisions of the specific differences for specific system requirements from the critical analysis of the lawyer's rights problem. The fifth part of remodeling our legal rights regime. This part is the last part of the thesis is the essence of innovation and place. This section based on China's specific national conditions, China's current law on the rights of the system is reasonable, whether the rights of lawyers to conduct a comprehensive analysis of sound. During the analysis, based on our current system of rights lawyers re-structure the proposed constructive ideas. Specifically, mainly from the following points for our legal rights system has been rebuilt: First, build procedural justice litigation mode. To the origins and elements of procedural justice as a starting point, but also from the country specific recommendations aspects of procedural justice to reconstruct our system of rights lawyers, specifically is that by strengthening the rights of lawyers to build a fair and reasonable litigation patterns, especially is to comply with the rights guaranteed by the Constitution on the fundamental requirement; Second is to strengthen the status of litigation counsel. The author lists the current legal circles for defense counsel in criminal proceedings in the end what kind of position, in the end is not part of the subject of proceedings of several prominent view, on this basis, I believe that from our national conditions, to protect the right to counsel must be assigned counsel in criminal proceedings, litigation dominant position, it may be better to have the status of protection of rights; Third, improve the system of specific rights. The author of the lawyers from our specific rights regime starting on several more core rights lawyer a perfect reconstruction, in order to achieve better safeguard judicial fairness and protect the legitimate rights of the parties purpose. The first aspect is the investigation stage perfect right to defense issues, mainly from the investigation stage of the significance of the right to defense counsel to demonstrate a complete description of the investigation phase of the necessity of the right to counsel, and to acknowledge the investigation stage defender lawyer legal status must complete the following items right: 1, meet and right to communicate. Should be repealed on the right to meet the communication requirements of some of the unreasonable restrictions; 2, marking the right. I believe that the marking of reference should be expanded; marking periods enjoyment of the right should be extended to the investigation stage; while marking the right should be configured accordingly mechanisms, systems to be protected; 3, investigation and evidence collection rights. I believe that it is important to investigate and collect evidence of a right to counsel right to unreasonable restrictions should first cancel all the provisions of the right to investigate and collect evidence, more importantly, should be given the right to adequate counsel investigation coercive power, the only way to allow counsel investigation the right to implement; prosecution and trial is the second aspect of the perfect stage right questions: 1, the right of appeal. I believe that the lawsuit should be given the status of an independent lawyer and complete right of appeal; 2, refusing the right of defense. The author believes that the current provisions of the law the right to defense counsel statutory grounds for refusal parties is extremely unfavorable, should be improved; 3, the trial right to speak. The author focused on China's \This is the full text at the end of the Department, the author of our legal system of the future direction of the right to make a discussion that mainly from the following aspects to improve the lawyer right now to make up for the lack of our lawyer right place: a presence right. Chinese law does not expressly require the presence of counsel rights, the right to the presence of the most central provisions is a violation of the rights under the will directly affect the outcome of litigation. But at the same time it should be noted China's national conditions, flexible regulations; 2, the right to professional secrecy. The Empowerment is mainly to maintain the attorney-client relationship of trust is a measure of the value in several trade-offs. This is mainly for China's \This right is a lawyer in the state power to contend with when their legal rights are not violated by public authority powerful strong guarantee. In summary, this paper mainly in time and space as the main line, the power of attorney from theory to practice and the origins to the development, improvement, remodeling, and thus our legal rights regime from the history, traditions, specific system and other aspects of in-depth , with an aim of developing a better system of rights lawyer.