The Criminal Procedure Law now implemented in China not only strengthens the position and role of lawyers in criminal proceedings, but also further clarifies the rights of lawyers at all stages of litigation. However, there are still some problems, such as the incomplete rights granted to lawyers by law, many restrictions on lawyers' rights, and the lack of corresponding guarantee mechanism for the exercise of lawyers' rights. In addition, influenced by people's ideas and the rule of law environment, the rights given to lawyers by law are violated in reality. For example, lawyers' right to meet, read papers and obtain evidence is often restricted; The role of lawyers in the investigation stage is difficult to play; Lack of due respect for the right to hearing; Among disciples, personal rights are often violated. It not only leads to the unequal strength between the prosecution and the defense in criminal proceedings in China, but also leads to the difficulty in effectively playing the criminal defense function of lawyers.
The problems existing in lawyers' participation in criminal proceedings have affected the deepening of criminal justice reform in China. Therefore, it is necessary to further improve the rights of trial lawyers from legislation and solve the above problems, so as to fully guarantee the exercise of trial lawyers' rights in the system. This can not only clarify the legal subject status of trial lawyers, but also legally eliminate the restrictions on lawyers' exercise of rights. Legislation should also make specific provisions on the responsibility for infringing the rights of defense lawyers. Only in this way can we truly establish a balanced prosecution-defense litigation structure and give full play to the unique value of lawyers in judicial justice and human rights protection.
On the basis of analyzing the defects of lawyers' participation in criminal proceedings in China, this paper analyzes the causes of the problems in criminal proceedings and the necessity of solving them, and puts forward some reform and improvement countermeasures to solve the above problems.
Lawyer. Lawyer.
criminal proceedings
question
Countermeasures