律师刑事责任追究争论的基础观念评析

Commentary Analysis on Basic Notion in the Dispute of Charging Lawyers Criminal Responsibility

刑事诉讼法修改以后 ,律师介入刑事诉讼的范围扩大 ,但是与此同时 ,一批律师也被追究了刑事责任 ,《刑法》第 30 6条一时成为一个热点问题。我们应从利益、冲突、人性、国家能力、程序设计几方面进行客观分析 ,对司法适用活动诸主体的弱者———律师进行倾斜性的单方优惠待遇。

With the modification of Criminal Law,the scope that lawyers intervention into criminal law suits has been expanded. In the mean time,a group of lawyers have also been charged of criminal responsibilities,which makes No. 306 clause of the Criminal Law a hotspot. Objective analysis is to be carried out from aspects of interests,conflicts,humanity,state power,and program designing,to give favored treatment to lawyers.