It is a very important criminal procedure system. As a legal system, it reflects a country of democracy, justice and the pursuit of litigation. Improve the defense system is sound, has become the measure of a country's judicial system is fair, an important symbol of democracy and science.
in the criminal defense system,UGG boots clearance, is difficult to protect the procedural rights of lawyers, there are Reasons for the difficulty caused by lawyer in the end what is it? In this article I had my point of view Shishu:
one, man-made law enforcement agencies set up barriers. Accordance with the law in some sectors, particularly law enforcement personnel in some of them have not really established. According to law, respect for rule of law, social atmosphere has not yet fully formed, more than lip service, stay in the propaganda.
Second, is that people do not understand the work of lawyers, publicity is not enough, has not attracted enough attention to the community. Some one-sided that the nature of the case and the results or judicial, law enforcement agencies have the final say, or those in power have the final say, lawyers that much effect. Therefore, lack of understanding of the practice of law, lack of trust, let alone support and cooperation, and so it was a lawyer in the process of handling cases of all kinds of embarrassing situation.
three,Bailey UGG boots, is a lawyer's own quality is not high. In both good lawyer in the legal profession, there are professional quality is not high, the character of poor people, good at communication and coordination aspects, as well as the lack of upright temperament and character. The problem is not having come forward, but to avoid the problem Raozhuo Zou, can not persist in accordance with the law. This requires lawyers to the importance of improving the quality of personal cultivation, for handling a solid business foundation. to solve difficult problems
met a lot of ways and means, the paper discussed only from a brief three: First,UGG shoes, clear the meeting to give defense lawyers the right to make laws to go by lawyers; Second, strengthen propaganda law practice for lawyers to guide the public attention and respect; III, the lawyer should strive to improve themselves, perform their duties independently according to law.
Keywords: lawyer practicing law Judicial Reform Meets rate
defense system defense system is a modern legal system, rule of law an important component of the Criminal Procedure Law a very important system. As a legal system, it reflects a country of democracy, justice and the pursuit of litigation. Improve the defense system is sound, has become the measure of a country's judicial system is fair, an important symbol of democracy and science.
to our country, the current implementation of the criminal defense system, the situation is not optimistic. There is a set of data shows the true objectivity of the situation. May 2002, came news from the Beijing Bar Association: and all the courts in criminal cases in recent years, rising in stark contrast, the Beijing lawyer can not do criminal cases, for the number of annual per capita has dropped to less than 1. 2000 5495 Beijing lawyers who handle criminal cases throughout the year 4300, handling criminal cases per capita in 1990 fell 2.64 to 0.78 in 2000. In Shanghai, many lawyers came to the door in recent years never received a criminal case. Each year, the court will give them a specified assessed criminal defense cases. They do not have enthusiasm, going through the motions just for show, not sure, there is no intention to maintain Peking University Law School Professor Chen Xingliang surprising number of hands. Matter of life and death in criminal cases the defendant, 70% of the cases, no lawyers involved, the accused can defend themselves. The country has more than 200 lawyers were arrested in the performance of duties. This is to provide defense lawyers for the defendants asked why was the law sanctions? Chen thinks that this is related to our judicial system. To the conviction of criminal suspects, usually re-statement, light evidence. In this case, lawyers often let his client to remain silent, do not easily give testimony, lawyers professional conduct of these can easily be identified as Overnight, regaling the court from the stands while the debate of Tomorrow, China will not find the dare and public security, procuratorate These are set from the institutional barriers to some lawyers practicing law.
in the criminal defense system, is difficult to protect the procedural rights of lawyers, there are This paper would like to discuss the issue of lawyer difficult.
one lawyer experienced frustrations Criminal procedure
lawyer, is counsel in criminal proceedings, to accept the suspect, the defendant after the commission or the people appointed by the court, according to their interviews to understand arrested on charges of criminal suspects and the circumstances of the case, or to listen to the suspect or defendant accused of a crime opinion and reasons, so as to provide legal assistance criminal suspects, make further preparations for the defense to conduct the litigation. Lawyer, including the meeting of detainees and criminal suspects not in custody, accused of meeting with other two, due to meet with the prosecution of persons not in custody without any legal constraints, so the lawyer is to protect the core and suspect in custody, accused of meeting.
the right lawyer for the suspect, the defendant is a legal right to counsel an important manifestation, is also engaged in criminal defense lawyer is an important procedural rights, a lawyer defending an effective business to start the basis and premise. From reality, the lawyers met with difficult criminal defense lawyers have long been difficult as the
say
Not long ago, the development of criminal defense lawyers So lawyer is difficult, in the end how This requires empirical data and the data confirm that, not out of thin air to speculation. Haidian District Detention Center, for example, all the detainees met with lawyers in the investigation stage was only 14.6%, the number of lawyers met with the detainees was 1.3 times the average per capita each meeting lasted only 24 minutes! Really
(a) the investigation stage of the lawyers met with
at the investigation stage, according to China's the date of enforcement measures, you can hire a lawyer to provide legal advice and to file petitions and complaints. people about the case. lawyer meets with the criminal suspect, the investigation organ circumstances and needs of the case can be present. in cases involving state secrets, attorney meets with the criminal suspect, shall be subject to investigation authorities. Lawyers'Lack met the suspect system. But from a practical angle, the right of the investigation stage by the lawyer met with various constraints, the meeting frequency, time, approval procedures, there are serious problems.
1, lawyers for the meeting rate is too low, investigative authorities refuse to meet with the case law in general.
lawyers for the suspect in custody of the whole meeting was very low, even for a lawyer's custody, lawyers for the meeting rate is less than half, and a large number (about 1 / 3 more) cases, investigation authorities for various reasons, or simply do not make arrangements for any reason, refuse to suspects in custody lawyer, lawyers, met with clients to achieve the purpose, often have to adopt a These are serious problems, which led to China's Criminal Procedure Law provisions concerning the right of lawyers met with frustration, but also lead counsel in the investigation stage
2, counsel met with the approval procedures are too strict, meeting with lawyers to delay the application is often arbitrary.
in accordance with the Supreme People's Procuratorate, the Ministry of Public Security, Ministry of State Security, Justice, Legislative Affairs Commission of the NPC Standing Committee, can not be kept confidential as the investigation process in cases involving state secrets shall not be approved. lawyers met with the suspect, should be met in the forty-eight hours to arrange for the organization, leading or participating in the crime syndicate, organization, leading or participating in terrorist activities organized crime or smuggling, drug crime, corruption, bribery and other major complex of more than two cases of common crime, counsel met with the suspect, the arrangements should be met within five days. case, lawyers met the suspect does not require the approval of general investigative authority shall be arranged within 48 hours meeting.
from reality, the one hand, the investigation organ is often unlimited expansion of Counsel must be met with the approval of the investigation organ, without investigating authority, the detention center is not
the other hand, when the lawyers met with the request of the suspect in custody, the investigating authorities to be postponed indefinitely, resulting in greatly reduced the role of lawyer. Investigating agency arrangements in accordance with statutory time limits lawyer is very low rate, this also shows that many lawyers met in the investigation stage is a serious lag.
3, the number of lawyers met, the time is strictly limited, investigators generally be present in the meeting, the lawyer met with great effectiveness of Sun Jian.
First, the number of lawyers met, many investigative agencies generally be limited, the general provisions of law can only be met in the investigation stage of a criminal suspect. Lawyers met with the number of suspects in custody subject to strict restrictions, so that the role of lawyers in the investigation stage can not be fully realized.
Secondly, the time for the lawyer, the general is very ample, investigating authorities should be strictly limited, time is very short. Lawyer suspects a short time, the lawyers very difficult system, a comprehensive understanding of the facts of the case have to say a few words hastily, the role of the lawyer can not be achieved.
again, when the lawyers met with investigators for the presence of the problem, as When meeting with a lawyer the right to the presence of investigators. Of course, just not enough to detect the presence of a lawyer who met with the suspect's completely fatal obstacle lies in the presence of investigators and lawyers are often no reason to interrupt a conversation between the investigators. Talk or interrupt the main reason for suspension of the meeting was The presence of investigators, significance lie it? Lawyers generally reflected the presence of investigators, the suspect can not be normal conversation, even without the presence of investigators, the entire conversation may be secretly recorded video, so that the whole cast a dark shadow meeting activities, lawyers lack a basic sense of security.
short, in the investigation stage, the lawyers met with the number of suspects in custody too few (usually only 1), time is too short (usually 30 minutes), investigators in the attorney general present at the meeting, normal conversation and the reason interference counsel, which have led to a defense attorney in the investigation stage hardly started. Therefore, the lawyers met at the investigation stage in order to truly be improvement, the number required from the lawyer, the time and manner have a wide range of improvements.
(b) the prosecution and trial stages of the lawyers met with
the Procuratorate for examination and prosecution and trial stages of court, according to China's employ counsel, in defense of its activities, the defense counsel the right to meet criminal suspects and defendants, which did not require the prosecution and the approval of the people's court, and and other defenders meets with the criminal suspect or defendant, the People's Procuratorate, People's Court is not be present. But from a practical angle, the prosecution and trial stages of the lawyers met, the situation is also unsatisfactory.
1, lawyer often also requires the prosecution and the people must be approved by the court.
the prosecution and trial stages, the lawyer meets with the suspect, the defendant must still be approved by the judiciary, the judiciary is clearly reflected distrust of lawyers, but also the courts, prosecutors abuse their power, limits criminal suspects and defendants the right to entrust the defense of illegal behavior.
2, should be standardized way of meeting with a lawyer.
should be said that the lawyer meets with staff, should be face to face, or across the fence and across the glass, preferably by telephone, etc., for the ways that are not standardized, and not conducive to a lawyer the detainees and the full conversation.
3, in the crime, the lawyers met with the investigation of the co-defendants is limited.
lawyer for the co-defendants for the meeting is restricted to lawyers is difficult to fully carry out investigation and evidence collection. For example, person A suspected of a crime, he provides a witness to the lawyer, said that the person can prove he did not commit the crime, but the person has been arrested for another crime, public security and judicial detention or arrest, if the lawyer to contact the person evidence , and certainly fails, because the detention center's detainees have not witnesses in other cases as precedent for a lawyer. Similarly, if a person has been convicted, sent to prison, but a case of ongoing litigation the parties want him to give evidence of a fact, if the attorney asked to meet with the convicted person to prison,bailey UGG boots, the prison also will not agree because in accordance with the relevant provisions of the Prisons Act, prison inmates can meet with their relatives or guardians. In short, the lawyer for his co-detainees of the meeting and other difficulties, leading to investigation and evidence gathering of lawyers is limited.
4, in legal aid cases, lawyers for the meeting is too low.
should be said that for legal aid cases, mainly limited to the defendant may be sentenced to death, and the defendant is blind, deaf, mute or a minor and not appointed a defender, these cases are either major or for the maintenance of the legitimate interests of the accused is very important, and accept the court-appointed defense lawyers, even the program that met the defendant is unable to perform, the strength of their defense can imagine, this is a mere formality of legal aid cases in the embodiment of our country one.
(c) detention center in lawyer problem
the suspect in custody, the defendant in the trial were held in detention centers, detention centers, a lawyer for detainees common place, so the detention status of law enforcement officers met with a direct impact on the effectiveness of counsel. In the survey, we generally found in the detention center staff for the lawyer meets with the restrictions played a role in fueling the problems in the detention center are:
1, lawyer, the detention center often require lawyers to produce a detection, prosecutorial and judicial approval, otherwise not allowed to meet with lawyers. Some lawyers also requested the certificate detention center to be
2, the low efficiency of some guards, rude, often related to the staff to
3, met some of the detention center's poor, poor sanitation, lawyers met with the suspect by phone often due to the detention center of the monitor and do not work.
4, when the lawyers met with the detention center often require signed letters of responsibility, self-cuffs, to prevent the escape of suspects, and requested the meeting, there must be two lawyers arrived at the scene, lawyer and the suspect, the defendant's contacts mail to go through inspection. Allow lawyers to their clients to wear handcuffs, which does not match the responsibilities of lawyers, but also easy to suspect, the accused have no confidence in the idea of lawyers Moreover, the suspect, accused the implementation of ring protection, is the Pretrial detention center The duty, this should not turn to lawyers who Jia, lawyers do not have care responsibilities.
In summary, the current Chinese criminal defense lawyers for the detainees met with difficulties, there are indeed some very serious problems. # P # b, met with difficulties because of the Criminal procedure law
above for the criminal defense lawyers in the investigation stage, the prosecution and trial stages, and met with suspects in the detention center or the defendant went through the process of rough, were discussed in detail. Obviously, all these phenomena or problems with our basic strategy of rule of law is contrary. Be sure, the reform and opening up two decades, particularly since the National Congress Party, in making and implementing economic development as the center and the basic strategy of governing the country according to the process, speed up and improve the legal system, the state has revised and formulated If the cadres of laws and regulations, involving all walks of life, all aspects, the basic realization of law. At the same time, from the early nineties carried out among all citizens from the Why, then, in the reform and opening up two decades, our country's democracy and legal system are being enhanced, a socialist political civilization has been greatly improved gratifying circumstances, there will be all the previously described unsatisfactory place? The reason, some aspects of many of my colleagues can enumerate a number of articles. However, I think, mainly in the following areas:
first man-made law enforcement agencies set up barriers. Accordance with the law in some sectors, particularly law enforcement personnel in some of them have not really established. According to law, respect for rule of law, social atmosphere has not yet fully formed, more than lip service, stay in the propaganda. Greater than the right of this method is an indisputable fact, however, in accordance with the law, the cart before the horse common occurrences. Individual justice, law enforcement agencies, too much emphasis on its accordance with the law, and thus on the grounds that a number of other artificial barriers accordance with the law, which would occur when the lawyer is not meeting demand rejected under various pretexts, is man-made obstacles that hampered the effectiveness of the meeting.
Second, people do not understand the work of lawyers, publicity is not enough, has not attracted enough attention to the community. China has a history of civilization for thousands of years, is the world's four ancient civilizations, but the authoritarian legacy of the feudal society in the minds of some people still exist. Therefore, some one-sided that the nature of the case and the results or judicial, law enforcement agencies have the final say, or those in power have the final say, lawyers that much effect. Therefore, lack of understanding of the practice of law, lack of trust, let alone support and cooperation, and so it was a lawyer in the process of handling cases of all kinds of embarrassing situation.
Third, the quality of their lawyers is not high. In both good lawyer in the legal profession, there are professional quality is not high, the character of poor people, good at communication and coordination aspects, as well as the lack of upright temperament and character. The problem is not having come forward, but to avoid the problem Raozhuo Zou, can not persist in accordance with the law. This requires lawyers to the importance of improving the quality of personal cultivation, for handling a solid business foundation.
three
way to the foot earlier in the criminal defense lawyer to simply make the problem difficult to enumerate, the reason for the meeting a little difficult to analyze the problem, it should be said that criminal defense lawyer is not difficult What new problems, but this problem has not been resolved. Lawyer from the seemingly difficult, in essence, we are pursuing social equity and justice can be truly realized the problem early. As we all know, the complete extent of the socialist legal system is the degree of development of socialist democratic politics an important indicator of the importance of the socialist political civilization scale. We are pleased to see that, with the accelerated process of the national legal system, a search for justice and justice is deepening judicial reform, justice is becoming increasingly important, has become the focus of public attention. This is undoubtedly difficult for the criminal defense lawyer attorney law practice and a series of problems plagued the final solution provides a relaxed social platform. to solve difficult problems
met a lot of ways and means, the paper briefly discussed only from the three areas.
(a) expressly granted the right to defense counsel for the meeting, the lawyer's practice of law.
lawyers involved more related laws and regulations, this article refers only to criminal defense lawyers met with the suspect or the accused in the course of the problems encountered in the legal provisions involved. After meeting with a lawyer entrusted with the work to be done first. Therefore, the lawyers in this area should be familiar with the legal provisions. Highest national judiciary has taken note of this problem and effectively carry out the work. To safeguard the legitimate rights and interests of participants in the proceedings, to further protect the criminal defense lawyers in the People's Procuratorate on file for investigation of cases directly accepted, the work of investigation and prosecution of criminal cases according to law practice, the Supreme People's Procuratorate was December 30, 2003 formulated the Security lawyers practicing law in criminal proceedings, the provisions By law, the People's Procuratorate on file for investigation of cases directly accepted by both, the EASTERN and by the end of the investigation of police after the crime to the prosecution of cases transferred by the prosecution functions of prosecution, but also to the public security organs and the courts of justice, law enforcement oversight functions. Supreme People's Procuratorate promulgated this provision, according to the law practice for criminal defense lawyers provide legal protection is no doubt, the green light. Therefore, as a criminal defense lawyer must be familiar with this provision. According to The criminal suspects, the suspects about the case. People's Procuratorate shall suspect the alleged offense and the place of detention of suspects told The appointed lawyer. Also provides investigation departments of the People's Procuratorate shall, upon request counsel within 48 hours meeting with the arrangements at the meeting. That is the first time asked the prosecutors after the suspect or the suspect, the date of coercive measures has been to the prosecution before this period, The appointed lawyer may at any time meet with the suspect, by the Procuratorate departments asked to meet with counsel designated person to receive the materials, arrangements lawyer for matters relating to criminal suspects, while the investigation Procuratorate departments should be arranged within 48 hours meeting. If the Procuratorate various pretexts or excuses, are scheduled to Procuratorate violations, criminal defense lawyers at a lower level or the NPC's Procuratorate told him. During the People's Procuratorate for examination and prosecution, criminal defense lawyers can meet with the suspect individual, the People's Procuratorate not be present. This is for defense counsel met with the suspect alone to better understand the situation, providing convenience and easy time and space.
for the investigation of police cases, counsel requested a meeting with the suspect, the the alleged crime, the suspect heard on the statement of facts and circumstances of the case, suspects were taken to the legal procedures for compulsory measures are complete, the program is legitimate and the criminal suspects were taken to compulsory measures of their personal rights, rights of action whether they are violation of the seven aspects of the situation. The It should be said, the aim of these provisions, are strong operational towards fairness, justice has taken a big step. Legal provisions such as these, as criminal defense lawyers should be familiar, well sure, the only way to different situations with ease.
(b) strengthen propaganda, according to the law practice for lawyers to guide the public attention and respect
calls, and respect for the rule of law in people today, lawyers growth at an unprecedented rapid growth. However, due to a complete system and mechanism of the many reasons is not enough, lawyers with the other judicial, law enforcement team, as the issue objective existence of good and bad. Our country's socialist construction with Chinese characteristics, requirements of socialist material civilization, political civilization and spiritual civilization and coordinated development. To accomplish this, we must continue to vigorously carry forward the national spirit, embodied in the love of the party, patriotic, loving people, self-improvement, striving not only so, but also through the history, reality reflects the national spirit is reflected in the specific people and things. To this end, in all fields, in order to correct the theory to guide people to cultivate the noble sentiments of people, the lot of practical work, times out of heroes and models. Public security authorities, prosecutors, courts and other systems of the elite are always popping up in newspapers, books, TV and movies on the screen. I know, the country's elite law system are also many, but known. In people's memory, such as Shi Liang these old-timers, and then among the elite, almost no impression or impression is not deep. Therefore, the legal profession should take full advantage of their newspapers, publications and websites, the media and positions, and vigorously promote various types of top-notch talent in this system, people and events to the public through live understanding lawyers in various aspects, achievements and hardships, and expand awareness . In recent years, the national police, prosecution, courts in the system has selected the recognition. Law system is also launching a nationwide contest, and wide publicity. Only then organized a long stick with it, gradually the public mind that the legal profession from the view of the insignificant changes over into a respected, practicing law for lawyers to pay attention to it gradually, in order to solve problems such lawyer is difficult to provide a good social atmosphere.
(c) lawyers should strive to improve their own quality,
duties independently according to law in the current legal system is improving in China today, met with difficulties in overcoming the many problems, I think the most important lawyers should be their own quality efforts. First of all, to establish a new judicial philosophy. Ye Hao of an organization, a person worth mentioning in the community to do a bit Viagra, you must first do something. Only as authorized by the society, will have a position, only prestige. Lawyers as legal workers, from the Pursue a law career, not just to make a living. Legal profession in this particular industry, the agents are mostly the disadvantaged groups in society, through practice activities and maintain the legitimate rights and interests by the client to maintain dignity of the law. This is the starting point for lawyers to practice law, but also the end result.
Second, the lawyers in addition to master the relevant laws and regulations, to the knowledge of broad spectrum of related disciplines, as criminal defense laid a solid theoretical basis. A teacher in a law school lecture mentioned in a case: a cow will be stung by the bees died. Lawsuit went to court, sue the owner of the cattle owners for damages the court to order the bees. As a rule, the plaintiff requested inappropriate. However, the defense accused the agent opposite. The defendant's attorney that the artificial feeding of bees is a range of activities, but the feature is never active bees to attack other creatures. Was stung dead cow, it is because the bees into the activities of the regional cattle after the attack, and led to massive deaths of bees, the responsibility to manage the cattle owners do not own cattle caused by the defendant should compensate the loss of the plaintiff. As this case Regardless of whether it was true, to learn their way of thinking and well-known defender of the knowledge of other disciplines, it is worth learning and drawing. Just think, in order to have a lawyer, can not welcome it? This also reflects the administration of justice as a lawyer must have a new idea.
again, lawyers must be devoted, adhere to principles, not afraid of power, the courage to exclude illegal interference. This is the basic requirements of legal ethics, lawyers for the realization of the functions, give full play to lawyers in the building of socialist democracy and legal system's role is of great significance. Qian Wenyi mentioned the problem of the current legal basis has been basically solved. But there are laws to follow, and law to solve the problem also is not good enough, this is a social problem, but also systems engineering. National strategy proposed by the rule of law, that is, the guidelines address these issues. This problem does not depend on a particular unit, the industry, some easy, but because of these problems is inconsistent with the rule of law, we can not be taken lightly, but can not follow the crowd, but to actively participate in practice. The reason why people call for social fairness and justice, because social justice is not innate, nor is it once and for all, we need this generation, or even generations of hard work, especially from the lawyers should everything, and the commitment to start of each case. This requires that all lawyers in the criminal activities in strict accordance with the practice, the right to exercise the right to practice law, strictly regulate the practice of their own, strictly abide by professional ethics and practice discipline, and continuously improve practice standards, while respecting the investigators, and law enforcement agencies complement each other, conscientiously perform their duties, the common interests of justice. I am confident that the dedicated lawyers in practice, adhering to principles, not afraid of power, upright, dare to exclude illegal interference with the accelerated process of the national legal system, all citizens continue to strengthen the rule of law, our lawyers will be developed as State lawyers in awe by the people as lawyers practicing law in the blue sky will come.
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