新刑事诉讼法背景下律师刑事辩护权的实施与思考

Implementation and Thinking of Lawyers Criminal Defense Right under the Background of New Criminal Procedure Law

新刑诉法获得通过并实施后,有关律师刑事辩护权的内容得到了较大幅度的修改,一些困扰律师行使辩护权的问题得到了较好的解决。但是,此次修改仍然存在突破有限而留有遗憾。文章结合律师刑事辩护权实施现状,在分析了辩护权性质的基础上,提出完善及扩大律师刑事辩护权,强化辩护律师人权保护的建议。

As the new criminal procedure law was adopted and implemented ,the right of criminal defense lawyer has been substantially changed;some problems which bothered the lawyer to exercise his right of defense have been well solved .However ,this modification is still limited and uncompleted .This thesis is mainly on the implementation of the lawyer ’ s criminal defense right and suggests how to further improve and expand it;aim to help the future ’ s leg-islation and judicial practice .