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Lawyer's rights in China

Time:2014-03-13 Hit:1041


Lawyer’s right in China
Though China has gone through reforms, to keep up with the rapid economy development, it is still a long way to go to establish an independent profession system. This may be exemplified by the relationship between the lawyer, the judge and the administrative body that intervened too much in judiciary.
 The public security bureau, namely the police and the prosecution, together with the courts are intimated as brother, as people usually comment. Lawyers who were out of the circle of the 'three brothers" have to be more careful in relationships with them. In order to nurture the relationship with the 'three brothers'. It would not be odd if you see a lawyer and judge in the same table, which is prohibited in United Kingdom.                      -       "
China lawyers have the right to appear in courts, participate in litigation, and enjoy other rights provided for in the procedure laws". But in reality, you may frequently hear the complaining about the obstacles in meeting the person in charge, going over the case files, investigating as well as collecting evidences. Though the law entitled lawyers with these peculiar rights, lawyers easily fall into traps, such as perjury, an offense of false evidences. And sometimes lawyer was arrest or placed under surveillance of political power.
 An important reason may lie in scarcity in settling bodies and mechanisms. Once a lawyer is unfairly or wrongfully treated, he could hardly receive any recourse in realizing their rights. Principally there are some regulations, by which they could go to the court or administrative bodies to appeal for their rights. Lawyers are under administrative supervision and are closely connected to government, despite of an independent and free profession in anticipation.
 In 1999, the revised criminal procedural law has made a change to the way of trial from interrogative to modem adversary procedure, but not any change to the lawyers' status and right. It seems there is not a time that lawyer has gain an equal status during or after the procedure. The justice department revised the lawyers' law again recently in the need of standards in accord with the growth of a socialist market economy. Even the newly revised lawyers' law did some promotion to overcome the current "bottleneck impeding the further development of lawyering", it doesn't work so efficiently, for it has a lower validity in legislation than the criminal law or criminal procedural law, though new law should precede old one. The reason may lie in that they are the department law while the newly revised law is professional law. Another reason deeply rooted in the legislation is that lawyers law is not particularly detailed, proclaiming broad general statement, such as ' lawful practice by lawyers shall be protected by law- Purposes of the legislation include `W standardize acts of lawyers, to safeguard the lawful rights and interests of parties, to ensure the Correct implementation of law, and so enable lawyers to play a positive role in the development of the socialist legal system.



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