辩护律师刑事豁免权研究

Research on Immunity for Criminal Defense Lawyers

我国关于辩护律师执业保障的规定主要集中于《刑事诉讼法》和《律师法》中。虽然这两部法律在立法上均对辩护律师执业保障有相关规定,但是规定得较为笼统,相关概念又界定不清,且我国《刑法》第306条有专为律师设置的伪证罪,所以我国辩护律师的执业情况不容乐观。辩护律师刑事豁免权的依据是保护人权,规避辩护律师执业风险,限制国家权力、促使司法公正。辩护律师刑事豁免权是辩护律师履行首要职责的保证。为此,须进一步完善对辩护律师刑事豁免权的立法,完善辩护律师刑事辩护豁免权的内容,为辩护律师创造良好的环境。

At present,the protective laws about the defense lawyer are mainly concentrated on the criminal procedure law and the lawyer＇s law.Although the rules in these two laws have given the regulation on the right and duty of the defense lawyers at the legislative level,it＇s not clear enough.One of the rules in our criminal laws is perjury,so the present situation is not optimistic.The immunity from prosecution of the defense lawyers is based on the human protection,avoiding the risks of our lawyers.The first guarantee of the defense lawyers is to limit the state power and promote the justice in legal system.To realize this target,we should improve the state of immunity from prosecution of the defense lawyers,and modify the content of it,which is used to create a better environment for our lawyers.