Education, Science, Technology, Innovation and Life
Open Access
Sign In

The Forgiveness of Lawyer's Right to Be Forgotten and Being Misused--Reflections on the Right of Lawyers in Criminal Procedure Law

Download as PDF

DOI: 10.23977/law.2022.010203 | Downloads: 9 | Views: 571

Author(s)

Jingfeng Chai 1

Affiliation(s)

1 Law School of Hunan University, Changsha, Hunan, 410082, China

Corresponding Author

Jingfeng Chai

ABSTRACT

The lawyer's right to meet with suspects and defendants in criminal proceedings is the lawyer's basic right. Through interviews, lawyers learn about suspects and defendants' motives for suspected crimes and related cases. Lawyers listen to the opinions and justifications of suspects and defendants to better provide legal aid and defense. A country’s emphasis on the rights of lawyers indicates its emphasis on the judicial system. The reform and progress of the right to interview is an important part of the reform and progress of the national judicial system. However, in today's China, lawyers' forgetting and abusing the right to meet has become a problem. The deviation of public understanding, the lack of legislation, the lack of supervision, and the weak organization of lawyers make the rights of lawyers in China difficult to guarantee. International treaties and major foreign countries have stipulated the notification obligations of relevant units to ensure the realization of the right to meet and stipulate that lawyers and respondents should be timely, and lawyers and defendants should communicate completely and freely. And establish a legal aid system to ensure the realization of lawyers' right to meet. This article will start from the basic content of the right to meet, analyze the differences in the protection of Chinese and foreign views, analyze the revision of the right to meet, and put forward the author's views on the path of judicial reform.

KEYWORDS

Criminal Proceedings, Interview Rights, Defense Lawyers

CITE THIS PAPER

Jingfeng Chai, The Forgiveness of Lawyer's Right to Be Forgotten and Being Misused--Reflections on the Right of Lawyers in Criminal Procedure Law. Science of Law Journal (2022) Vol. 1: 17-28. DOI: http://dx.doi.org/DOI: 10.23977/law.2022.010203.

REFERENCES

[1] Chandler, J. A. (2016) "The Use of Neuroscientific Evidence in Canadian Criminal Proceedings", Journal of Law and the Biosciences, 2(3), pp. 550-579.
[2] Dukes, K. N., & Gaither, S. E. (2017) "Black Racial Stereotypes and Victim Blaming: Implications for Media Coverage and Criminal Proceedings in Cases of Police Violence Against Racial and Ethnic Minorities", Journal of Social Issues, 73(4), pp. 789-807.
[3] Prozialeck, W. C. (2016) "Update on the Pharmacology and Legal Status of Kratom", J Am Osteopath Assoc, 116(12), pp. 802-809.
[4] Janmyr, M. (2016) "Precarity in Exile: The Legal Status of Syrian Refugees in Lebanon", Refugee Survey Quarterly, 35(4), pp. 58-78.
[5] Giannakis, M., Doran, D., Mee, D., Papadopoulos, T., & Dubey, R. (2018) "The Design and Delivery of Modular Legal Services: Implications for Supply Chain Strategy", International Journal of Production Research, 56(20), pp. 6607-6627.
[6] Tsai, J., Jenkins, D., & Lawton, E. (2017) "Civil Legal Services and Medical-Legal Partnerships Needed by the Homeless Population: A National Survey", American Journal of Public Health, 107(3), pp. 398-401.
[7] Vuille, J., & Thompson, W. C. (2016) "An American Advantage? How American and Swiss Criminal Defense Attorneys Evaluate Forensic DNA Evidence", International Commentary on Evidence, 14(1), pp. 1-41.
[8] Ahl, B., Cai, L., & Xi, C. (2019) "Data-Driven Approaches to Studying Chinese Judicial Practice", China Review, 19(2), pp. 1-14.
[9] Wolfe, S. E., Nix, J., Kaminski, R., & Rojek, J. (2016) "Is the Effect of Procedural Justice on Police Legitimacy Invariant? Testing the Generality of Procedural Justice and Competing Antecedents of Legitimacy", Journal of Quantitative Criminology, 32(2), pp. 253-282.
[10] Mastrofski, S. D., Jonathan-Zamir, T., Moyal, S., & Willis, J. J. (2016) "Predicting Procedural Justice in Police–Citizen Encounters", Criminal Justice and Behavior, 43(1), pp. 119-139.

All published work is licensed under a Creative Commons Attribution 4.0 International License.

Copyright © 2016 - 2031 Clausius Scientific Press Inc. All Rights Reserved.