律师伪证罪对刑事辩护制度的挑战

Challenge of Lawyer′s Perjury to the Criminal System of Advocacy

刑法第306条作为专门针对律师在刑事诉讼执业活动中妨害证据行为的特别条款,给我国刑事辩护制度带来了极大的挑战,导致了律师在刑事辩护中的价值利益体系的失衡。因此,我们应修改刑法第306条,对其适用范围进行严格限制,进一步扩大律师的执业权利,加强律师同司法人员对话的可操作性,完善律师执业的制度保障,消除对律师的歧视规定,明确规定辩护律师在执业中正常活动不受干预。同时,加强律师自身的执业自律和风险防范方面的规范和意识教育。

306 of criminal law Criminal as operation impair special clause to lawyer＇s evidence of behavior among the activity in criminal suit specially, which have brought the great challenge to criminal system of advocacy of our country, the ones that have caused the lawyer in criminal value interests system while pleading are out - of - balance. So, we should revise article 306 of criminal law , limit stricdy its scope of application , expand the lawyer＇s operation right further, strengthen the effectiveness that lawyer and judicial personnel talk, perfect the system guarantee of lawyer＇s operation dispel discrimination in lawyer stipulate and stipulate counsel normal activity interfere from among operation consciousness education. clearly Meanwhile , strengthen a lawyer＇s own norm and