法律位阶视角下律师法与刑事诉讼法的冲突与协调

On the conflicts and coordinatings between the law on lawyers and the code of criminal procedure under the view of the legal hierarchy

自2008年我国新修正的律师法实施以来,理论界和实务界有关其与刑事诉讼法的冲突及协调问题的探讨从未停止。立足于理论层面和实定法层面对规范性法律文件的位阶规定,在宏观领域构筑共识的基础上,从律师权利义务的微观层面分析刑事诉讼法与律师法在刑事诉讼领域的冲突与协调问题。

The new Law of the People＇s Republic of China on Lawyers is formulated at October 28,2007 at the 30th Session of the Standing Committee of the 10th National People＇s Congress which has been in place since June 1,2008.Up to now,however,the conflicts and coordinatings between the Law on lawyers and the Code of the Criminal Procedure has never been ceased on academia and practical circle.This paper serves the scope of academia and practical,meanwhile,research on the normalizative document of law under the view of the legal hierarchy.The purpose of this paper is to analysis the conflicts and coordinatings between the Law on lawyers and the Code of Criminal Procedure from the aspect on the rights and duties of lawyers