论我国新律师法与刑事诉讼法的冲突及其衔接

Conflicts and Combination between New Lawyers Act and Criminal Procedural Law

法律与法律之间应当协调统一而不应冲突,但我国新律师法与刑事诉讼法之间却存在明显冲突,具体表现在律师会见权、阅卷权和调查取证权等三个方面。这些冲突必须加以解决,否则会影响新律师法的实施,会阻碍律师依法行使新律师法规定的相应权利。解决二者冲突的途径应该是使他们实现衔接,具体衔接方案可以是适用新法方案、法律解释确认方案和修改刑事诉讼法方案。

Harmony and uniform should be kept between laws rather than conflictory. While there are obvious conflicts between New Lawyers Act and Criminal Procedural Law, which incorporated in aspects of attorney＇ s right of meeting with criminal suspect, right of reading case record and investigative power etc. Such conflicts must be settled, otherwise they will affect the implement of New Lawyers Act and block the exertion of anorney＇ s relevant rights stipulated in New Lawyers Act. The way to settle the conflicts between New Lawyers Act and Criminal Procedural Law is to combinat them together and the idiographic ways includes adopting the new law, legal interpretation and amendment of Criminal Procedural Law