从有效辩护看律师忠诚义务

On Lawyer's Loyalty Obligation from the Perspective of Effective Defense

辩护权是被告人的宪法权利,有效辩护是辩护权的应有之义,同时也是律师忠诚义务中的重要组成部分。有效辩护是指律师给当事人提供了具有法律意义的帮助,在行为上尽职尽责,能够维护当事人的权益。尽管当下对于有效辩护的概念理解仍有争议,但无论何种观点,都认为有效辩护必须将尊重当事人的意志放在首位,忠实于当事人的利益。树立被告人在辩护权中的核心地位的理念,既要在行为上体现出有效辩护,也要坚持忠诚义务的这一律师首要职业伦理。

The duty of loyalty is the most important professional ethics of defense lawyers.The right to defense is a constitutional right of the defendant,and effective defense is an inherent part of the right to defense.It is also an important component of the duty of loyalty of lawyers.Effective defense refers to the provision of legally meaning-ful assistance by lawyers,their due diligence in behavior,their ability to safeguard the rights and interests of defen-dants,and their ability to promote the reform and improvement of the judicial system.Although there is still contro-versy over the concept of effective defense,regardless of the viewpoint,it is believed that effective defense must prioritize respecting the will of the parties.To establish the core position of the defendant in the right to defense,it is necessary to demonstrate effective defense in behavior and adhere to the lawyer's professional ethics of loyalty ob-ligations.