Recently, the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of national security, the Ministry of Justice jointly issued five departments on the protection of the rights of lawyers in accordance with the provisions of the law (hereinafter referred to as the "Regulations"). The "provision" to the three major procedural law and law and other existing laws and regulations as the basis, the main legal regulations for lawyers rights implementation is not strong enough, especially in the lawyer marking, apply for the transfer of evidence and court debate defense and other aspects of the difficulties and problems, and puts forward some corresponding measures to protect the rights of lawyers. This edition from today to set up to protect the rights of lawyers column, focusing on the publication of the relevant comments, please pay attention.
Recently, the Supreme People's court and the Supreme People's Procuratorate, the Ministry of public security, Ministry of Justice jointly issued the "Regulations" on the protection of the rights of lawyers in accordance with the law on the protection of the right to know, lawyer, application and appeal rights and other aspects of explicit provisions. The new regulations not only reaffirms its lawyer law, litigation law and judicial organs related detailed rules for the implementation of the existing provisions of the spirit, is particularly important, the "provision" is also the focus of the current contradictions in the judicial practice, highlighting the key link of the fierce confrontation, the face of courage and sincerity to solve the problem worthy of praise.
The lawyer system is an important system of a country under the rule of law is the legal occupation community is an indispensable and important part of the protection of the rights of lawyers is a microcosm of the construction of rule of law level, directly related to the protection of human rights and litigation structure. It can be said that only as a defender of the rights of citizens to implement the lawyer's right to practice, the rule of law society will really be worthy of the name.
Historically, since our legal system since the restoration and reconstruction, especially the rights of lawyers practicing rights of lawyers in criminal proceedings, has not been fundamentally resolved, from the previous "hard evidence, scoring difficult, to meet the so-called" three difficult "," difficult questions later, the application is difficult, difficult "debate of the so-called" new difficulties, difficult to overlay, gradually evolved into litigation system in the "old", which not only reflects the lawyer as a disadvantaged community of law occupation in embarrassment and helplessness, also witnessed the practice of protecting the rights of the lawyer said of an aged person.
Of course, the reason is various, both parties to the judicial inertia problem in the process of deviation from the traditional authority, also have judicial personnel occupation accomplishment and judicial philosophy, also relates to the social responsibilities for lawyers and correct evaluation etc.. Needless to say, the lawyer rights protection system originally expected in the process of amending the law in effect is not obvious, so that some lawyers and judicial officers wary of the revision and perfection of lawyer rights protection system. But in any case, the legal system in China is becoming more and more complete, and then the system is not perfect to explain the problem of practicing lawyers is not a compelling reason.
The system in the implementation of life, but what the system can be effectively implemented, not only lies in the concrete implementation efforts, but also depends on whether is suitable for good soil system implementation, system environment which is fundamental to the implementation of the system. Left the appropriate institutional environment, and then a good system can only be a castle in the air, and then unremitting persistence can only become a kind of obsession. For the lawyer's right to protect the system, a good legal environment is an important cornerstone of the protection of the rights of lawyers. In order to implement the security system of lawyers, not only to strictly enforce the regulations on work, more efforts should be made to create a good environment to protect judicial practice law, which not only adhere to the needs of the majority of lawyers, more needs the joint efforts of the judicial organs and the judicial personnel at all levels.
The criminal case, the individual and the reason for the authorities handling the case investigators lawyer at the investigation stage misgivings, there once allowed the lawyer to visit the suspected criminal case, the traditional model will face information open and transparent to the challenges, and some investigators difficult to adapt quickly.
And so on, if it will only be attributed to the individual investigators of the judicial concept of bias and non-standard enforcement, it is only to see the problem of representation. The real reason, in efforts to promote the protection of human rights, promote the social construction of the rule of law today, in some places but not with the development of judicial ability of keeping pace with the times, in the litigation structure and procedural changes, still be an anachronism mentality to a certain extent, but also the lack of appropriate flexibility and handling methods. Thus, in the lawyer's rights and judicial capacity to enhance the need to improve the next, the scene of the game of the game is constantly staged comedy, interwoven into a real institutional environment. Tracing the source, do not change this abnormal institutional environment, the protection of the rights of lawyers practice is difficult to truly implement.
The construction of a good institutional environment can not be separated from the benign interaction between lawyers and judicial organs. Lawyers with their professional knowledge and legal literacy on the supervision of judicial power, respect and protect the rights of lawyers to practice, is conducive to the maintenance of procedural justice, and promote the healthy development of the rule of law. At the same time, the lawyer should also respect the legitimate decision of the judiciary, to maintain the normal judicial order, avoid frequently using downtown court Sike way over rights. It is understood that any right should be protected by law, and it should also accept the necessary restrictions, and can not harm the public interests and social order.
For the judiciary, in the implementation of the relevant provisions of the relevant laws and regulations, strict enforcement of the law at the same time, to further enhance the judicial capacity and level. Efforts to adapt to the situation in an open and transparent handling, in the lens under questioning, in court confrontation and other new challenges to the ability to promote self-confidence