律师刑事辩护的执业风险及其防范
发布时间：2019-04-02 05:34
【摘要】：司法公正作为一种价值目标,正受到国家的高度重视和社会各界越来越多的关注。然而,在近些年的律师制度发展过程中,出现了许多与法治社会建设要求不和谐的现象。从法制建设的层面来看,虽然我国在刑事领域,经历了1996年的刑事诉讼法的修改,1997年刑法的修改以及2008年律师法的修改,但我国律师刑事辩护制度所面临的困境还是没有得到有效的改善。律师在刑事辩护领域中的执业困境不仅体现在律师的基本权利不能得到有效的保障,我国相关的配套制度还不够完善,但更多的是体现在律师的执业风险的存在。近年来,在我国刑事司法领域中,律师因为各种原因被追究刑事责任的事件屡屡发生。这种情况对于我国刑事辩护领域的发展是十分不利的,刑事辩护律师在执业过程中的风险,将成为我国刑事辩护领域发展中的风险。 律师执业风险产生的原因既有来自我国立法的缺失、制度不完善等客观方面的原因,又有来自于律师自身、检察机关等主观方面的原因；既有来自理论与实践的脱离,又有实体与程序的不协调。因此,只有通过完善立法与相关制度,加强律师自身和检察机关队伍的建设,实现理论与实践相统一,实体与程序相协调,才能更加有效地防范律师的刑事执业风险。
[Abstract]:Judicial justice, as a value goal, is being attached great importance to by the country and more attention from all walks of life. However, in recent years, in the development of the lawyer system, there are many phenomena that are not harmonious with the construction of the rule of law society. From the point of view of legal system construction, although our country has experienced the revision of the criminal procedure law in 1996, the amendment of the criminal law in 1997 and the amendment of the lawyer's law in 2008 in the criminal field, However, the dilemma faced by our lawyer's criminal defense system has not been effectively improved. Lawyers' difficulties in the field of criminal defence are not only reflected in the fact that lawyers' basic rights can not be effectively protected, but also in the existence of lawyers' practice risks, while the relevant supporting systems in China are not perfect enough. In recent years, lawyers have been investigated for various reasons in the field of criminal justice. This kind of situation is very disadvantageous to the development of criminal defense field in our country. The risk of criminal defense lawyer in the process of practicing will become the risk in the development of criminal defense field in our country. The causes of lawyer's practice risk are not only the lack of legislation in our country, the imperfection of the system, but also the subjective reasons such as lawyers themselves, procuratorial organs and so on. There are not only the separation of theory and practice, but also the disharmony between entity and procedure. Therefore, only by perfecting the legislation and relevant system, strengthening the construction of lawyers themselves and procuratorial organs, realizing the unity of theory and practice, and coordinating the entity and procedure, can the lawyer's criminal practice risk be prevented more effectively.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5;D925.2
本文编号：2452292
[Abstract]:Judicial justice, as a value goal, is being attached great importance to by the country and more attention from all walks of life. However, in recent years, in the development of the lawyer system, there are many phenomena that are not harmonious with the construction of the rule of law society. From the point of view of legal system construction, although our country has experienced the revision of the criminal procedure law in 1996, the amendment of the criminal law in 1997 and the amendment of the lawyer's law in 2008 in the criminal field, However, the dilemma faced by our lawyer's criminal defense system has not been effectively improved. Lawyers' difficulties in the field of criminal defence are not only reflected in the fact that lawyers' basic rights can not be effectively protected, but also in the existence of lawyers' practice risks, while the relevant supporting systems in China are not perfect enough. In recent years, lawyers have been investigated for various reasons in the field of criminal justice. This kind of situation is very disadvantageous to the development of criminal defense field in our country. The risk of criminal defense lawyer in the process of practicing will become the risk in the development of criminal defense field in our country. The causes of lawyer's practice risk are not only the lack of legislation in our country, the imperfection of the system, but also the subjective reasons such as lawyers themselves, procuratorial organs and so on. There are not only the separation of theory and practice, but also the disharmony between entity and procedure. Therefore, only by perfecting the legislation and relevant system, strengthening the construction of lawyers themselves and procuratorial organs, realizing the unity of theory and practice, and coordinating the entity and procedure, can the lawyer's criminal practice risk be prevented more effectively.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D926.5;D925.2
【引证文献】
相关硕士学位论文 前2条
1 白鑫;我国辩护律师执业风险问题研究[D];西南财经大学;2012年
2 韩萌;我国律师辩护权保障问题研究[D];吉林财经大学;2013年
，本文编号：2452292
本文链接：https://www.wllwen.com/falvlunwen/gongjianfalunwen/2452292.html
