刑事辩护律师的执业困境与权利保障

Research on the Practice Predicament and Legal Rights of Criminal Defense Attorneys

中国传统社会,律师一直是个边缘化的角色,是末流的知识分子。受到中国封建传统思维惯性的影响,刑事辩护律师一直得不到社会公众的认可与赞赏,甚至长期以来被大多数人视为罪犯的帮凶和犯罪的摇篮,是泯灭良心和助纣为虐的坏人。一方面,刑辩律师的工作得不到各级政法机关和广大人民群众的支持与理解,反而受到他们的误解与打击;另一方面,刑辩律师的固有权利在法律上得不到应有的声张和保护。因此,刑辩律师也常常被外界称为"在夹缝中艰难生存的人"。

Traditional Chinese society, the lawyer has always been playing a marginal role, being listed at the end of intellectuals. Influenced by traditional Chinese feudal thinking inertia, in our country, the criminal defendant lawyers have not won the social public recognition and praise. Worse than that, even for a long time, they are considered by the majority to be the criminal accomplices and the cradle of crime, is devoid of conscience, and bad people to collaborate. On one hand, the criminal defense lawyer＇s job has not been recognized and supported by the public. On the other hand, the inherent right of the defendant lawyer in law can not get the revealed and protected by law. Therefore, the criminal defendant lawyers are frequently calledby the outsiders as ＂ people who are difficultly living on the margins of society.＂