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The Research on Peng Zhen's Thoughts of Democracy and Legal System: Chinese Lawyers and Criminal Defense

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DOI: 10.25236/ICFIL.2019.056

Author(s)

Jiani Huang

Corresponding Author

Jiani Huang

Abstract

Comrade Peng Zhen is one of the founders of China's socialist legal system. He devoted himself to the legislative work of China and personally presided over the formulation of China's first "Criminal Law" and the first "Criminal Procedure Law (Trial)", which has made many achievements in criminal legislation.In his works, a large number of criminal defense lawyers and their duties are involved, reflecting the social value of lawyers' criminal defense. Looking at the changes in the social value of lawyers' criminal defense from the historical track, we can grasp the general rudder of historical development. Lawyers are in the process of pursuing the maximization of the interests of the parties to achieve social order, in which it must be clear about their status and responsibilities. A credible law can create a good social atmosphere in which improve the status of lawyers and give them more rights.Peng Zhen once mentioned: "To be a lawyer, you can't talk casually unless you kown the truth.", reminding lawyers to always grasp the bottom line of the law and avoiding the risk of defense. The social value of lawyers' criminal defense is embodied in the Constitution. What’s more, it is also embodied in the procedural and physical aspects. It needs its own continuous improvement and the cooperation of the three org4ans of the public prosecution law, so that the social order can be realized and the social value of lawyers' criminal defense can be realized.

Keywords

Criminal defense; fairness and justice; lawyer system; legal dignity; public security law