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A Study on the Protection of the Lawyers’ Right to Practice in China

Author: ZhangJingJing
Tutor: HuangXinMin
School: Central China Normal University
Course: Legal
Keywords: lawyer rights protection measures
CLC: D926.5
Type: Master's thesis
Year: 2011
Downloads: 173
Quote: 0
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Abstract


Lawyer system is a very important system in Litigation. The introduction of the lawyers in the proceedings, let them stand on the side of one party, and give them a wide range of procedural rights, safeguard the legitimate rights and interests, and regard the extent of their participation, status as an important indicator of the rule of law suit, which is based on not only the characteristics of the parties and the special needs of its own status, but also on the control and supervision on power in the litigationactivities, and the needs of safeguarding the interests of justice and social justice. In the New "Act of Lawyer", the right of the lawyer has been greatly developed, which provides effective legal protection for the improvement of the environment, gives full play to the functions of lawyers. However, from the perspective of the effectiveness of the right has been regulated and the adequacy of the rights, there are still shortcomings in the new "Act of Lawyer". In reality, a brief, general counsel legislation can not solve all the intervention that encountered in the practice. Therefore, the meet right,reading right and the exercise of the right of investigation and evidence collection is still difficult, these problems will inevitably affect the full play of lawyers’roles, and even affect the entire country’s democratic and legal processes.This paper discusses from the following four aspects:PartⅠ:focuses on the content and basic rights of the lawyers’ practice, including the concept and content of lawyers’ rights and the theoretical basis for protecting the lawyers’ rights to practice.PartⅡ:to inspect the extra-territorial rights on the lawyers’practice mainly from two parts, firstly, introduced some characteristics and differences of foreign lawyers’ practice and thus brings out some protection provisions on the rights of foreign lawyers to practice.PartⅢ:mainly starts from our practice, sums up the barriers of exercising our lawyers’ right to practice, including legislative, judicial, institutions and ideas, then analyzes the reasons of these barriers.PartⅣ:provides a complete set of measures for lawyers’ rights, mainly improve the relevant legislation, to achieve balance between defense and prosecution, the establishment of lawyers’ security system, improve the lawyers’ practice environment and give more publicity to the legal system, and hope that through these measures to promote the further democratization and institutionalization of China’s Criminal Procedure.

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CLC: > Political, legal > Legal > Chinese law > Justice system > Lawyer system
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