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新的《中华人民共和国律师法》已于2008年6月1日施行。与旧律师法相比,新的律师法大幅度增加和扩张了律师执业的内容,从理论上有效地解决了我国律师在执业活动中长期存在的“会见难”“阅卷难”“调查取证难”等三大难题,同时,也突破性的赋予律师有条件的法庭言论责任豁免权利。在未修改刑事诉讼法之前,对律师法做出突破性的修改,是值得肯定的,但是也可能造成法律适用混乱,同时由于新的律师法本身的种种缺陷和不足,也使得律师法所保障的律师辩护权遇到一系列障碍。
The new Law of the People’s Republic of China on Solicitors was implemented on June 1, 2008. Compared with the old lawyer’s law, the new lawyer’s law greatly increased and expanded the content of lawyer’s practice, which theoretically and effectively solved the long-standing problems of “meeting difficulties”, “reading difficulties” “Investigation and evidence collection difficult” and other three major problems, at the same time, also a groundbreaking conferred court lawyer conditional liability. It is worthwhile to make a breakthrough amendment to the lawyer’s law before it is amended, but it may also cause confusion in the application of law. At the same time, due to the shortcomings and deficiencies of the new lawyers law, the Law also guarantees the protection of lawyers Of the lawyer’s defense encountered a series of obstacles.