摘要
律师伪证罪自诞生之日起就引起了学界巨大的争论,律师伪证罪罪名本身的不明确和存在的诸多缺陷是造成这一现象的重要原因。以中立角度研究司法实践,会发现律师的职业不当行为与律师伪证罪的异化才是问题的关键。因而,对律师伪证罪的完善应以刑事追诉程序的完善和律师惩戒制度的建设为解决问题的两条路径。
Perjury made by lawyer has been debated greatly since it was made. Unclearness of this charge itself and many defects in it are main reasons of debate. In neutral opinion for judicial practice, improper profession action of lawyer and dissimilation of perjury made by lawyer are the keys of this issue. So the improvement of perjury made by lawyer could be solved by bettering criminal proseeu- tion procedure and building punishment system on lawyer.
关键词
律师伪证罪
程序
异化
perjury made by lawyer
procedure
dissimilation
