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由于我国现有法规存在瑕疵和漏洞,使司法机关整体作为回避主体被忽视,故应当完整、准确、具体地完善司法机关的回避制度,使司法机关的整体回避规定相对完整、独立地表现出来。由于律师并非当事人本人,无从判断事实真相,其教授辩护技巧与教唆作伪证难以区别,故全面、客观、公正地理解律师职业豁免权,也是《律师法》亟待解决的新问题之一。《刑事诉讼法》原则上要求证人应当出庭作证,其司法解释依此进行,但真正执行起来却是自相矛盾的,使得法庭难以依法裁判。而依据关键证人理论精神,李庄案证人理应出庭作证。此外,《刑事诉讼法》并未限制同案被告人出庭对质,实际上变相承认他们可以互为证人。
Due to flaws and loopholes existing in the existing laws and regulations in our country, the entire judiciary is neglected as the main body of avoidance. Therefore, the avoidance system of the judiciary should be improved completely, accurately and specifically so that the overall avoidance provisions of the judiciary are relatively complete and independently displayed. Since lawyers are not the parties themselves, they can not judge the truth, and their professors ’skills of defense are not distinguishable from abetting perjury. Therefore, it is also one of the new problems to be solved urgently in the Lawyers Law to understand lawyers’ professional immunity comprehensively, objectively and impartially. In principle, the Criminal Procedure Law requires witnesses to testify in court, and their judicial interpretations proceed in this way. However, it is self-contradictory in actual implementation, making it difficult for the court to rule according to law. According to the key theory of witness theory, Li Zhuang case witness should testify. In addition, the Code of Criminal Procedure did not limit the appearance of the defendants in court and confessed in fact that they could act as witnesses to each other.