Lawyers have the right to defend bad guys, lawyers as a type of legal profession, lawyers have professional technical qualities, professional ethics and independent evaluation standards. China's lawyers law clearly stipulates that lawyers are commissioned or appointed, to provide legal services for the parties practicing. For this reason, lawyers provide legal services to all potential clients, these clients naturally include suspects and defendants suspected of committing crimes. Lawyers need to abide by the general ethics of lawyers, but also abide by professional ethics - the first is within the limits of the law, for the client to maximize the interests. To this end, the lawyer legal system and its professional rules specifically constructed a barrier, the parties and lawyers in an interest **** the same body within the scope of the priority to protect the legitimate rights and interests of the parties as the value of the center and determine the boundaries and benchmarks of behavior. For example, for the client service, naturally, there is the requirement of confidentiality, there is the requirement to do its best to maximize the interests of the use of all legal conditions and opportunities to play with the prosecution. In this sense, the lawyer is the development of the client's personality and self-realization, is "selfish", self-interested. As a professional group of lawyers, can not refuse to defend, just as the prosecutor can not refuse to prosecute, the judge can not refuse to trial. Even for criminal cases, lawyers must provide legal services for the so-called "bad guys" in the eyes of the general public, this is the professional identity, just as doctors have to serve the patients, actors have to serve the role. From the point of view of normativism, for the "bad guy" defense is no institutional obstacles. Its mechanism is nothing but the following points: First, as a criminal case suspects or defendants, in the absence of a fair trial before the presumption of innocence, since it is innocent, can not make good or bad legal or even moral judgment. Lawyers in accepting the commission naturally can not, can not and need not be suspected of criminal parties to be distinguished, to decide whether to provide defense, only need to be based on professional judgment to weigh whether it is appropriate to accept the commission can be. Second, even if the facts of the crime is clearer suspect, he and our daily so-called "bad guys" can not be arbitrarily compared, draw the same number, because the former is the legal judgment, with rigid norms of the benchmark, the latter is moral judgment, will change with the times of fluidity. Third, even if the suspects should be categorized as "bad guys", once the social concept or even the system does not support the provision of legal services for them, then, it will inevitably lead to some people lose the opportunity and right to a fair trial, easy to lead to the generation of wrongful convictions or criminal responsibility is not appropriate. However, "bad people should not get a lawyer to defend" theory, the biggest drawback is not in the legal system itself, but in the public psychology of the lawyers engaged in this business to be moral condemnation, degradation, which led to the practice of lawyers struggling. Rationally, we all know, the law provides that any suspect has the right to entrust lawyers defense, and in psychological concepts and even behavior, some people "despise" or even "hate" this behavior, in the public opinion, spit, rolled his eyes. Change this social mentality of misunderstanding need to solve another important problem, that is, the so-called "bad guys" why should enjoy the right to defense.
Objective law:The Chinese people*** and the State Criminal Procedure Law, Article 44 of the defender or any other person, shall not help the suspect, the accused to hide, destroy, falsify evidence or collusion, shall not threaten, induce witnesses to give false testimony and other interference in the proceedings of the judicial organs. Violation of the provisions of the preceding paragraph shall be investigated for legal responsibility in accordance with the law, and where the defender is suspected of having committed a crime, the case shall be handled by an investigative organ other than the investigative organ handling the case undertaken by the defender. If the defender is a lawyer, he or she shall promptly notify the law firm in which he or she works or the bar association to which he or she belongs. Article 45 of the Criminal Procedure Law of the People's Republic of China*** and the State of China In the course of the trial, the defendant may refuse to allow the defender to continue to defend him, or he may appoint another defender to do so.