In our country, there are clear provisions for safeguarding the legitimate rights and interests of the parties, that is, the rights and interests that the parties should enjoy as stipulated and protected by law. Lawyers should resolutely safeguard the rights clearly stipulated by law, but they should also try their best to safeguard some rights that are not prohibited or restricted by law. Moreover, once the legitimate rights and interests of the parties are infringed, there are many ways and means to safeguard them, which can be solved through consultation, third-party mediation and state relief. However, it must be noted that the legitimate rights and interests of the parties are safeguarded first, not illegal rights and interests. Even the legitimate rights and interests of people who violate the law should be safeguarded by lawyers. Secondly, the legitimate rights and interests to be safeguarded must be the legitimate rights and interests of the parties or people who have direct or indirect interests with the parties. If it has nothing to do with the client, it is not within the scope of the lawyer's responsibility.
(2) Safeguarding citizens' rights and restricting state power and government power.
Lawyers are the spokesmen of clients and represent the interests of the people, so they are "antagonistic" to public rights, especially in criminal proceedings. Due to the expansion and abuse of state and government power, restricting it has become a major problem, and the abuse of state power may be more harmful than the abuse of individual power. This is why the control of state power in criminal proceedings, such as the standard system of proof for excluding reasonable doubt, the rule of refusing jurors without reason, and the rule of evidence exclusion, embodies the values of limiting government power and respecting individual power. Of course, this system is not perfect.
(3) maintaining the unity of the rule of law
However, it should be noted that the rule of law also has its shortcomings. An obvious example is that a society ruled by law is based on good predictability according to law, even if the rules existing in the past rule the future life, which may lead to the situation that the law cannot keep up with social development; If the law is amended frequently, it will often weaken the authority of the law, because the authority is also based on the same foundation. All these lead to the contradiction between the stability of law and the ever-changing society, and it is this contradiction that shows that a society is a society ruled by law. I have thought about the ancient "rule of law" in China. The biggest problem is the disunity of the rule of law, including the disunity of space and time, which is full of individualism. Each case has its own judgment method. Therefore, there was no legal certainty in ancient China society. The degree to which a person's interests are protected is related to his personal identity. Bullying has become a social phenomenon that cannot be ignored, and formal laws are not enough to protect people's rights and interests equally and continuously. On the other hand, the unity of the rule of law depends on the constraints in the judicial process, which makes it impossible for judges to make arbitrary judgments. Behind this is the limitation of knowledge, and judges are restricted by lawyers. The rule of law in China still has a long way to go, and lawyers have the obligation to promote and maintain the unity of the rule of law.
(4) Strengthen the unity of "legal unity"; 3) Promote the construction of social democracy and legal system. .
We know that foreign countries, especially developed countries, adopt various ways to promote the unification of the whole law, such as a unified legal education and training background. There are many levels of legal education in China, and even the appointment of judges does not require legal education. I think the biggest root cause is the confusion in selection and appointment. In addition, all three foreign legal professions need to pass a unified examination, and there is a training process for everyone to experience and appreciate the three professions, so the unity of the three professions has been strengthened. The general practice in the United States and Hong Kong is that judges are the pinnacle of lawyers, which is conducive to judges refusing bribes and restricting lawyers from playing tricks. Effectively guiding litigation in knowledge, judges better understand this system and lawyers' behavior, which is also conducive to the unity of the legal profession.