In terms of criminal professionalism, prosecutors are more professional than lawyers. But in civil matters, lawyers are more professional than prosecutors.
Who has more power, judge, prosecutor or lawyer?
To understand this problem, we must first know what a legal worker is. Simply understood, such workers who use legal knowledge to solve various difficult problems in life and work within the framework of the legal system are called legal workers or legal practitioners. Therefore, from this definition, we can see that legal workers include lawyers, judges, prosecutors, notaries and legal personnel engaged in various legal work in enterprises. , can be collectively referred to as legal workers.
In this huge framework of legal workers, lawyers, judges and prosecutors may be the most familiar. Among them, first of all, judges exercise a kind of judicial power on behalf of the state within the court system. The procurator of the procuratorate exercises this procuratorial power on behalf of the state within the procuratorial system. Lawyers do not belong to the procuratorate, nor to the court, nor to any part of the national public security law system. Then it is independent of both and belongs to an independent individual in society. He represents the law to safeguard the legitimate rights and interests of the parties within the scope of the law.
Then these three positions will form a delicate and balanced triangle relationship.
Take a criminal case as an example: the defendant will usually hire a lawyer, and the lawyer will safeguard the defendant's legitimate rights and interests. At the same time, the public prosecutor should prosecute the defendant's illegal behavior on behalf of the state, and the two should be debated under the auspices of the judge. Then in this triangle relationship, three people belong to equality. Therefore, from this perspective, there is no difference between the three rights, and they all maintain the implementation of the law within the framework of the legal system.
Lawyers, judges and prosecutors have no different rights, but have different division of labor.
Dacheng Law Firm is one of the most famous law firms in China. Some time ago, they accepted a private enterprise case and collected a lot of evidence from Beijing to Tongliao, Inner Mongolia. After the trial, the lawyer was very angry and impatient!
During the whole trial, no matter what the truth is, the lawyer's innocent defense opinion was not adopted, and even openly ridiculed in the solemn court: the lawyer's reasonable defense is a show.
The court and the procuratorate are two relatively independent systems, and this kind of work exchange and intersection between them is too frequent. It is very easy to form a good friendship between work and life.
In fact, the profession of lawyer has played such a role, separating the court from the procuratorate.
With the progress and development of society, administration according to law is also constantly advancing. At present, we attach great importance to judicial justice and judicial fairness.
The duty of a lawyer is to safeguard the legitimate rights and interests of the client and the fairness and justice of the law. That's the judge's business. Lawyers' right to defend independently is protected by law. If lawyers and prosecutors stand on the same side, it violates the lawyer law and the lawyer's professional ethics. If it is serious, it will be sued by the parties to the court.