Dissertation > Excellent graduate degree dissertation topics show
A Research on the Protection of Advocates’ Personal Rights in China
Author: HuangYang
Tutor: WangShengYang；LiJian
School: Anhui University
Course: Legal
Keywords: Defense lawyers Infringement Safeguard Personal rights
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 95
Quote: 0
Read: Download Dissertation
Abstract
|
The personal rights of China's Constitution stipulates that citizens enjoy a fundamental right of citizens' personal rights that are fully protected by national laws is a measure of the soundness of a country's legal system is an important sign. As our lawyers, of course, entitled to personal rights, the lawyer personal rights lawyer rights. If the lawyer's personal rights are not effectively protected, the lawyer power of attorney, the right to defense, as well as to participate in the activities of other legal services to all the rights are out of the question. The field of criminal defense lawyers most likely to suffer the field has been plagued our lawyers in criminal defense, personal rights awareness about the criminal defense lawyer, said the soft underbelly of one of our criminal procedure. Digital master according to Professor Chen Xingliang can see, at present, China still has 70% of the criminal cases without a lawyer, the defendant can only defend ourselves, the personal rights of lawyers are likely to suffer leading criminal defense rate is not the main reason for the high one, too much risk of making lawyers dare not reluctant to engage in criminal defense, such a situation has not only hindered the healthy development of the lawyer industry, but will also affect the role of the play of the defense system. So to protect the personal rights of lawyers is particularly important in the current. This is the reality of the lawyer personal rights situation requirements, the basic requirements of the law in our country at the same time it is the request of defense counsel role. China's defense lawyer personal rights problems encountered in practice from the other party's unlawful infringement, illegal infringement and eventually lawyers judiciary court found guilty of three cases, the reason for the personal rights of lawyers in China are likely to suffer, the There are many reasons: First, because of the long-term impact of traditional, many people still think that the lawyer is to take the money to help people to do things, the lawyer should follow the instructions. There are some people that lawyer to criminal suspects is to speak for the bad guys, take it for granted that the defense attorney is the offender's accomplice; created a unique political and legal system because of China's five thousand years of culture, people pursue the case real sex absolute identification and reasonable sentencing of offenders, the result is more attention to produce such results on the identification of the results the proceedings showed indifference; Third, due to the current law for the Protection of the Rights and Interests of the absence of lawyers personal, legal for lawyers personal rights provisions are too general and vague, also caused by the lawyer personal rights are threatened; four on various subjective and objective reasons, inadequate protection of Bar Association for lawyers interests in the lawyer personal rights and interests are infringed when, Lawyers Association often do not have the ability to solve practical problems; Finally, the overall quality of our lawyers is not very high, some lawyers harsh attitude of the parties, all the money these circumstances enlarged to become the people's hatred of lawyers, allowing the lawyer personal rights from time to time by infringement. In foreign countries, especially Western countries, the issue of how to protect the lawyer personal rights relatively seriously. From the global, national laws generally gives the lawyer the following rights: First, deny the right to defense, that the lawyers for professional secrecy, the right to refuse to testify; two immunities of criminal defense lawyers, lawyers in the performance of their duties to the judiciary remarks immune from legal action as well as the advice provided to the client; seizure and search for lawyers due to the requirements of professional secrecy of lawyers, many countries have made certain restrictions; Finally, in normal circumstances , the lawyers entrusted to act as defender, there is no legitimate reason shall not refuse to defend, but there are many state regulations in the particular case, the justification, the lawyer can refuse to defend. New Lawyers Law \is a frequent occurrence. This requires us to strengthen the protection of the personal rights of lawyers, specifically the perfect criminal defense lawyer identity system, improve the social status of the criminal defense lawyer; perfect lawyer refused the right to defense lawyers refuse to defend, for some special happens, given 's rights; give lawyers a special personal security protection, with reference to the public security departments of our deputies and other lawyers working closely protection system, to give lawyers more comprehensive protection; specification Prosecuting attorney for criminal responsibility program, the abolition of China's Criminal Law Section provisions of three hundred and six, lawyer suspected of a crime, should be hearing review in conjunction with the Bar Association and other departments; Finally, to improve the protection of the personal rights of lawyers, but also reflected in the construction of the legal professional community. Inseparable from the lawyer the construction of a harmonious socialist society escort, as an important force for the rule of law, lawyers carrying spiritual traditions of the rule of law plays a crucial role in the success or failure of the rule of law even related. Only be adequately protected the personal rights of the lawyers, lawyer to be able to better contribute to the construction of a harmonious socialist society.
|
Related Dissertations
- Military exercises in the Corps of Engineers engineering equipment maintenance to protect the allocation of resources,E251.2
- The Research on Higheragricultural College Students’ Entrepreneurship,G647.38
- JD cement centralized procurement and supply systems optimization,F426.71
- Discussion on Massive Personal Infringement,D923
- Legal Analysis of the Patent Troll and Improve China-related System,D923.42
- Deep-link Behavior and Copyright Infringement,D923.41
- Typed Analysis and Legal Regulation of the Trademark Infringement Under the Network Environment,D923.43
- Study on Reputation Infringement Behavior in the Network Communication,D923
- News legal remedies against defamation,D923
- On the Theory of Civil Issue Preclusion,D925.1
- Trademarks indirect infringement,D923.43
- Indirect Infringement of trademark law on its laws applicable,D923.43
- Issues of copyright infringement caused by P2P technology,D923.41
- Study on the Optimization of Existing Technology Defense System,D923.42
- Research on the Trademark Reverse Confusion,D923.43
- Disregard of Corporate Personality Study Proceedings,D922.291.91
- System of Compensation of Death,D923
- The network copyright law Protection System,D923.41
- The Study on Infringement Damages System of Intellectual Property,D923
- Comparative Study of Korean Copyright Law,D931.26
- On the improvement patent invalidation proceedings,D923.42
CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net Mobile
|