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在我国,控辩双方力量严重失衡,法律应赋予弱小的辩方刑事辩护豁免权。我国《律师法》对律师辩护豁免权做了原则性规定,但由于条文过于简单、用语模糊而缺乏可操作性,且该规定与《刑法》第306条以及《刑事诉诉法》的相关规定存在较大冲突,致使我国律师辩护豁免权在司法实践中得不到保护。为保证控辩平衡,实现司法公正,应全面理解辩护豁免权的内涵,完善我国的刑事辩护豁免制度。
In our country, the power of both prosecution and defense is seriously imbalanced, and the law should give the minor defense immunity from criminal defense. The Lawyers Law of our country provides principled rules on the immunity of lawyers’ defense. However, due to the simplification of the provisions and the vagueness of the language, the Law of the People’s Republic of China lacks maneuverability and is not inconsistent with Article 306 of the Criminal Law and the relevant provisions of the Criminal Procedure Law There is a big conflict, resulting in our country’s defense counsel immunity can not be protected in judicial practice. In order to ensure the balance between prosecution and defense and to realize judicial fairness, we should fully understand the connotation of defense immunity and improve the system of immunity from criminal defense in our country.