辩护律师规范操作与执业风险的关系之思辨

Thinking on the Relationship between Operating by Rules and Professional Risks of A Defense Lawyer

我国刑事辩护的执业环境不容乐观,辩护律师在执业过程中面临包括刑事责任、司法处罚、行政处罚、内部处分多方面的风险。辩护律师规范操作不仅是依法辩护的自然要求,而且是预防执业风险的应有之义。理清规范操作和执业风险的关系,有利于辩护律师在规范操作的基础上预防风险,同时为辩护律师安心执业营造一个良好的环境。

Practicing environment of criminal defense in china is not optimistic,defense lawyers are facing many risks in practicing,such as criminal liability,judicial punishment,administrative penalty,internal disciplinary action. Operating by rules is not only the involuntary demand of defending according to law,but also the way to prevent professional risks for a defense lawyer. Clarifying the relationship between operating by rules and professional risks is good for a defense lawyer to prevent risks at the base of defending by rules and create a perfect circumstance to practice.