律师独立辩护的指向及功能实现

Direction and Function Realization of Independent Defense of Lawyers

律师辩护应当独立于社会公众、公权力机关以及委托人,这构成了独立辩护的三大指向,三者相辅相成,不可偏废。律师独立辩护具有法治宣示、公权约束和私权保障功能。在当下语境下促成律师的独立辩护,有赖于司法观念的更新、规范基准的确立以及程序内辩护空间的扩展。

Lawyers＇defense should be independent of the public,the authorities and the clients. These three aspects built on each other and cannot be neglected.Independent defense of lawyers have the functions of declaring the law, constraint the public powers and protecting the private rights.In the present context,the contribution to the independent defense of lawyers depends on the renewal of the ideas,establishment of norms and expansion of the defense space in the whole procedures.