律师伪证罪的立法问题分析

The Legal Analysis of the Perjury of Lawyer

我国刑法律师伪证罪的设置存在众多问题,主要表现在犯罪主体具有特定指向性、罪状具有模糊性与宽泛性和《刑法》第306条与其他条文间存在相互的包容性。同时,本罪的设置带有职业歧视性色彩,违背立法理念。要解决存在的这些问题,建议废除本罪,或者修订主体和罪状,建立和完善律师惩戒制度,转变观念,确实保障律师权利。

Presently, the rationality of setting up the crime of the perjury of lawyer is being questioned by more and more people. The questions can be mainly concluded to the following points： the subject of the crime having specific objection, the indictment having fuzziness and broadness, the overlap of the article 306 of the penal code and the other articles. Moreover, the set-up of the crime has the trend of the discrimination of occupation and vitiates the legislative concept. There are three solutions ： abolishing the crime or revising the body of the crime and revising the indictment of the crime ; establishing and consummating the disciplinary punishment system to the attorney; transforming the idea to the attorney, and safeguarding the right of attorney.