刑事辩护律师责任豁免权的基本要素辨析

Analysis of the Basic Elements of Immunity of Criminal Defense Lawyers

刑事辩护律师的责任豁免权是促进控辩平衡的重要手段,也是保障犯罪嫌疑人、被告人合法权益、提高刑事辩护率的重要措施。我国学者基本认同刑辩律师责任豁免权的重要性,只是在豁免的基本要素上存在分歧。我国现行立法对刑辩律师责任豁免权的规定尚有不足,仅有庭上言论豁免权,须对其不断进行完善:首先,应将豁免责任限于刑事责任;其次,将豁免场合扩展至律师参与辩护的始末;最后,应扩大豁免范围。此外,也应对刑事辩护律师的责任豁免权进行一定的限制,即对有些豁免权实施绝对豁免,对有些豁免权实施相对豁免。

The immunity of criminal defendant lawyer responsibility is an important means to promote the defendant balance, and is also an important measure to safeguard the lawful rights and interests of the criminal suspect of the defendant and to improve the rate of criminal defense. Chinese scholars have basically identified the immunity of criminal defense lawyers, with the exception of the disagreement with the basic elements of the immunity. Apart from the only court speech immunity, our current legislation for the immunity of criminal defense lawyers is insuffi-cient, and must be improved steadily： First of all, exemption from liability shall be limited to criminal responsibili-ty according to law; second, the exemption occasions should be extended from the beginning to the end for the law-yers involved in the defense; finally, the scope of exemption should be expanded. Moreover, exemption from liabil-ity of the criminal defense lawyers should be limited to certain extend, namely, absolute immunity should be ap-plied to some immunities, while the relative exemptions should be carried out for others.