Examining protection of Chinese defense lawyers rights in criminal proceedings

dc.contributor.advisor Lauwaert, Francoise
dc.contributor.author He, Ru
dc.date.accessioned 2018-11-06T12:58:25Z
dc.date.available 2018-11-06T12:58:25Z
dc.date.issued 2012
dc.description Second semester University: Université Libre de Bruxelles en_US
dc.description.abstract This thesis examines the human rights situation of defense lawyers in China. It describes how difficulties in handling criminal cases may affect the rate of legal representation in criminal cases. This thesis analyzes the deep roots of the current plight of defense lawyers through an examination of the obstacles Chinese defense lawyers face in the pre-trial stage. Criminal defense lawyers run the risk of being arrested and accused of “evidence fabrication” under Article 306 of the Criminal Law, and attacked by the victim’s family or judicial organs. Furthermore, lawyers face difficulties in meeting with clients, getting prosecutions files, investigating and collecting evidence. The lack of an independent judiciary and autonomous bar association along with the presence of various cultural and institutional obstacles, contribute to the deterioration of the legal environment in which lawyers must practice. Thus to improve that legal environment and to promote the status of defense lawyers, the Chinese government should speed up the process of judicial reform. Finally, the thesis makes recommendations to both the government and National People’s Congress by urging them to comply with various international conventions concerning the rights of lawyers. en_US
dc.identifier.uri https://doi.org/20.500.11825/718
dc.identifier.uri http://dx.doi.org/10.25330/1713
dc.language.iso en en_US
dc.relation.ispartofseries EMA theses 2011/2012;33
dc.subject criminal procedure en_US
dc.subject human rights en_US
dc.subject lawyers en_US
dc.subject China en_US
dc.title Examining protection of Chinese defense lawyers rights in criminal proceedings en_US
dc.type Thesis en_US
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