Go homepage(回首页) Upload pictures (上传图片) Write articles (发文字帖)
The author:(作者)hpmailerpublished in(发表于) 2013/11/30 9:35:18 Department of justice response to the reform of lawyers system
Xinhuanet, Beijing, November 29 (reporters Cui Qingxin and and Cheng Zhuo)-under 18 the spirit of the third plenary session of the party, what are the goals of the development of our lawyers? How to further improve the lawyer system? How to implement bar meets, the scoring, the right to investigate and collect evidence? At a press conference held at the information Office of the State Council on 29th, Zhao Dacheng, Deputy Minister of Justice answered a reporter's question on these issues.
Q: direction of the development of China's lawyer system and what is the goal?
A: the lawyers system are part of the judicial system in China. Lawyers, the rule of law. Today, especially in promoting the construction of Socialist democracy and rule of law, the lawyer system is essential to a moment. After the third plenary session of the party, in accordance with the central authorities on strengthening the construction of socialist legal system requires, we accelerated the pace of a lawyer's career. The end of 2012, national bar has reached 235,000 persons, expected to exceed 240,000 by the end of this year. Lawyers work has covered China's economic, political, social, cultural, and ecological civilization construction, opening up areas.
18 decided the third plenary session of the party made it clear that improve lawyers ' rights protection mechanism illegal practice and disciplinary system, strengthening the construction of professional ethics, lawyers would play in important role of safeguarding legitimate rights and interests of citizens and legal persons.
This is our national law and the arrival of a new era of the development, there are four signs: a lawyer working in all areas of social functioning. Second is a lawyers ' rights protection will be more institutionalized and standardized. Three are based on integrity, professional performance improvement will be fully integrated qualities of lawyers. Four is the entire community to use lawyers ' system, playing a role of lawyer system, will become even more conscious and self-confident.
Q: 18 after the third plenary session, what measures will be taken to better play the role of lawyers?
Answer: implement 18 the spirit of the third plenary session, promoting the reform of lawyers system, key to grab three points: first, we must continue to strengthen the construction of lawyer's rights protection system, lawyers from system to system security, society generally should use, use, conscious use of a basic legal system. Second, strengthening the construction of professional ethics of lawyers as the core, further improving the comprehensive quality of lawyers. Let those dishonest, unethical individual counsel did not survive. Third, to further strengthen the construction of the legal profession and institution-building, ensure that the lawyers ' work has a scientific and reasonable management framework and constraints framework of self-regulation, lawyer for further development, advancing the rule of law in China's economic construction and make new contributions to the cause.
Question: How do I implement lawyers practising rights such as meetings, reading, investigation and evidence collection?
Answer: respect for the lawyer's exercise of the right to a defence, in the final analysis is the issue of respect for the legitimate rights and interests of the accused. In the newly revised criminal procedure law, involves modifying the number of pieces of up to 111, of which about perfecting the system of defence, 26. One of the most crucial link is made clear throughout the proceedings, the lawyer's status as a subject of adversarial. At the same time, counsel in the exercise of the right to a defence and the survey, marking further provided for the right. For violations of the right to counsel also raised the protection mechanism.
On a practical level, however, does exist without full implementation of these rights, and this is why we are currently strengthening work. Current study on the Ministry of Justice is working in conjunction with the Supreme People's Court and the Supreme People's Procuratorate and the Ministry of public security issued relating to the implementation of the newly revised criminal law and criminal procedure law of specific provisions on the rights of the defence lawyers, with a view to adopting specific rules to further protect the right to counsel, the legitimate rights and interests of the defendant maintained.
新华网北京11月29日电(记者崔清新、程卓)根据党的十八届三中全会精神，我国律师事业发展的目标是什么？如何进一步完善律师制度？如何落实律师会见、阅卷、调查取证权？在国务院新闻办29日举行的新闻发布会上，司法部副部长赵大程就这些问题回答了记者提问。
问：我国律师制度发展的方向和目标是什么？
答：律师制度是我国司法制度的一部分。律师兴，法制兴。特别是在推进社会主义民主法治建设的今天，律师制度更是须臾不可缺少。党的十一届三中全会后，按照中央关于加强社会主义法制建设的要求，我们加快了律师事业发展的步伐。2012年底，全国律师已达23.5万人，今年年底有望突破24万。律师工作已经覆盖到了我国经济、政治、社会、文化、生态文明建设、对外开放等领域。
这次党的十八届三中全会决定明确提出，完善律师执业权利保障机制和违法违规执业惩戒制度，加强职业道德建设，发挥律师在依法维护公民和法人合法权益方面的重要作用。
这是我们国家律师事业发展的又一个新时期的到来，有四点标志：一是律师工作将在我国社会各个领域发挥职能作用。二是律师执业权利保障将更加制度化、规范化。三是以诚信、专业为外在表现的律师综合素养将得到全面提升。四是整个社会对运用律师制度、发挥律师制度的作用，将会更加自觉、自信。
问：十八届三中全会后，将采取哪些措施更好地发挥律师作用？
答：落实好十八届三中全会精神，推进律师制度的改革，关键要抓三点：一是要继续要加强律师权利保障制度建设，使律师制度能够有制度保障，成为社会普遍应该使用、能够使用、自觉使用的一项基本法律制度。二是以加强律师职业道德建设为核心，进一步提高律师的综合素养。要让那些不诚信、不讲道德的极个别律师没有生存空间。三是要进一步加强律师队伍建设和制度建设，保证律师执业工作有科学合理的管理框架和自律管理的约束框架，为进一步发展律师事业、推进法治中国建设作出新贡献。
问：如何落实律师的会见、阅卷、调查取证等执业权利？
答：尊重律师的辩护权的行使，说到底是尊重被告人合法权益的问题。新修改的刑事诉讼法中，涉及修改的条数达111条，其中有关完善辩护制度的就有26项。其中最关键的就是明确了在整个诉讼环节，律师作为诉讼辩护主体的地位。同时，对律师在行使辩护权过程中的会见、调查、阅卷等权利都作了进一步规定。针对律师辩护权受到侵害的情形也提出了保障机制。
但在实践过程中，这些权利确实存在没有完全落实的情况，这也正是我们目前正在加强的一项工作。目前司法部正会同最高人民法院、最高人民检察院和公安部研究出台有关落实新修改的刑法和刑诉法关于律师辩护权利的具体规定，以期通过具体细则进一步保障律师辩护权的行使、被告人合法权益的维护。
赞