律师诉讼权利保障研究

发布时间：2018-11-20 11:22

【摘要】：律师的诉讼权利作为律师权利的一个重要组成部分,是律师在诉讼中为了进行有效的诉讼代理、辩护而享有的权利。文章在对我国律师业的发展作一简短回顾的基础上,肯定了我国律师业取得的历史成就的同时,还指出我国在律师诉讼权利保障方面存在的诸多不足,如律师会见犯罪嫌疑人依然困难;律师的阅卷范围受到不当的限制;律师调查取证权名不符实;律师在审查起诉阶段进行辩护难等。通过分析进而得出出现这些问题的原因在于立法不完善,相关体制、制度不健全,律师队伍自身存在诸多问题等。律师维护当事人合法权益、维护社会公平和正义、维护法律师正确实施的职业使命决定了保障律师诉讼权利有着其必然性。因此,当务之急就是要不断完善律师诉讼权利的相关立法:进一步明确规定律师在行使会见权时享有的具体权利;建立证据开示制度;以立法确立律师申请调查令制度;尽快修订《刑事诉讼法》;建立强有力的律师维权机构;修改刑法第306条对律师的争议性条款等。其次,应该逐步完善司法方面的相关体制、制度,如完善律师诉讼权利救济制度,完善职业共同体机制等。最后,在完善相关的立法、司法制度的基础上,还应该加强司法队伍建设,加大对律师制度的宣传,强化律师职业的社会认同感,为律师执业创造一个良好的环境;提高律师的政治地位,为律师诉讼权利的保障提供政治依据;同时提高律师职业道德素质与法律专业素质,提高律师的执业形象,让社会公众更加信赖律师、尊重律师。通过以上各方面的措施,多管齐下,保障律师诉讼权利的有效行使,使律师在诉讼中的功能、作用得到充分发挥。
[Abstract]:As an important part of lawyer's right, lawyer's litigation right is the right that lawyer enjoys in order to represent and defend the lawsuit effectively. On the basis of a brief review of the development of the legal profession in China, the article affirms the historical achievements of the legal profession in our country, and points out that there are many deficiencies in the protection of lawyers' litigation rights in our country. It is still difficult for a lawyer to meet a suspect; The scope of lawyer's papers is restricted improperly; the lawyer's right to investigate and collect evidence is not worthy of the name; the lawyer is difficult to defend in the stage of examining and prosecuting. Through the analysis, the author concludes that the reasons for these problems lie in the imperfect legislation, the related system, the imperfect system, and the many problems existing in the team of lawyers themselves. It is inevitable for lawyers to safeguard the legal rights and interests of clients, to safeguard social fairness and justice, and to protect the legal lawyers' right of litigation. Therefore, the urgent task is to constantly improve the relevant legislation of lawyers' litigation rights: to further specify the specific rights that lawyers enjoy in exercising the right to interview; to establish the system of discovery of evidence; to establish the system of lawyers' application for investigation orders by legislation; To amend the Criminal procedure Law as soon as possible; to establish a powerful defense agency for lawyers; and to amend the controversial provisions of Article 306 of the Criminal Law on lawyers. Secondly, we should gradually improve the judicial system, such as perfecting the relief system of lawyers' litigation rights, perfecting the mechanism of professional community, and so on. Finally, on the basis of perfecting the relevant legislation and judicial system, we should strengthen the construction of the judicial team, increase the publicity of the lawyer system, strengthen the social identity of the lawyer profession, and create a good environment for the lawyer practice. To improve the political status of lawyers, to provide a political basis for the protection of lawyers' litigation rights, to improve the quality of lawyers' professional ethics and legal specialty, to improve the professional image of lawyers, to make the public trust lawyers and respect lawyers. Through the above measures, multi-pronged measures are taken to ensure the effective exercise of lawyers' litigation rights and to give full play to the functions of lawyers in litigation.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D925.2;D926.5

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