Publishing extrajudicial statements is a litigation strategy adopted by lawyers to shape public opinion then affect trial results. Penalty of lawyers' inappropriate statements in Criminal Law Amendment (Ⅸ) violates the modest restraint of criminal law, and does not comply with the principle of legality. To safeguard the authority of law, a defense system composed of legal interpretation, "notwithstanding clause" and jurisdiction avoidance should be constructed to regulate lawyers' extrajudicial statements. Also, American Bar Association's restriction and protection measures should be learned to protect lawyers' freedom of expression and meanwhile impose qualification penalty on lawyers whose inappropriate statements cause serious consequences and adverse effects.