In recent years, there have been occasional instances in Chinese criminal trials where lawyers have been disqualified by the courts from defending their clients. Lawyers are not allowed to continue to participate in the trial, which usually occurs in the situation that lawyers are expelled to appear in court because of disrupting the order of the court, lawyers withdraw from the court on their own initiative, and fail to appear in court on time or are considered to be unqualified by the court. It is theoretically legitimate for the court to deprive lawyers of their qualifications to maintain the order of the court and the judicial authority. In order to avoid the abuse of the court's power and reduce the “spillover” of negative effects, power restrictions should be proposed, such as giving high priority to the will of the prosecuted person, strictly limiting the grounds for disqualification, strictly defining the subject of the decision and regulating the corresponding procedural mechanism. At the same time, it is also necessary to systematically strengthen the rights remedy for lawyers and stress the protection of the defendants right to defense.
刘译矾. 法庭剥夺律师辩护人资格的理论反思[J]. 浙江工商大学学报, 2021, 35(6): 151-164.
LIU Yifan. Theoretical Reflection on the Court's Deprivation of Lawyer's Qualification as a Defender. Journal of Zhejing Gongshang University, 2021, 35(6): 151-164.