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2008年6月1日正式施行的新《律师法》对律师的会见权、阅卷权、调查取证权等进行了强化或完善,律师的权利得到了进一步扩大与保障。然而,由于《律师法》的这一修改超越或突破了现行《刑事诉讼法》的相关规定,而且它自身存在不足之处,引发了该法的相关规定是否可以有效施行、如何施行以及施行后可能会对检察机关的审查批捕工作带来怎样的影响等问题。本组文章对这些问题进行了深入探讨,相信会对新《律师法》的顺利实施有所裨益。
On June 1, 2008, the new “Lawyer’s Law” was enacted to strengthen or improve lawyers’ right of meeting, reading, investigation and evidence collection, and the rights of lawyers were further expanded and guaranteed. However, because this amendment of the Lawyers Act surpasses or breaks through the relevant provisions of the current Criminal Procedure Law, and its own shortcomings have caused the relevant provisions of the law can be effectively implemented, how it is implemented and after its implementation May affect the procuratorial organ’s examination and approval of arrest and other issues. The articles in this series have conducted in-depth discussions on these issues and are believed to benefit the smooth implementation of the new Lawyers Law.