我国律师辩护的问题与完善.docVIP

我国律师辩护的问题与完善 并列题名/英文题名: 关键词(中文)： 刑事辩护 律师辩护 诉讼结构 辩护权 关键词(英文)： criminal plead lawyer plead lawsuit framework plead right 总页数: 33 图总数: 表总数: 参考文献总数: 38 中文摘要： 一国律师刑事辩护的成熟与否，是一国法治的主要表现，他标志着该国对人权的保护程度，律师刑事辩护制度的完善与否，直接体现了一国人权保障机制是否完善。刑事辩护是律师重要的业务范围，我国自1979年恢复律师制度以来，律师业有了飞速的发展，但是体现律师精髓的刑事辩护业务确不尽理想，甚至每况愈下，刑事辩护问题越来越引起社会的关注，律师刑事辩护面临着会见难、取证难、阅卷难，甚至还面临着“律师伪证罪”的威胁本文通过对我国辩护律师的历史沿革考证，揭示当前律师刑事辩护的困境，分析了这种困境产生的根源，最后提出完善律师辩护的若干建议。正确认识当前我国律师辩护所遇到的困难，使我们清楚的认识到保障犯罪嫌疑人、被告人的诉讼权利的重要性。有利于构建我国合理的诉讼框架，形成控、辩、审三方的诉讼模式。尽管我国律师辩护存在诸多的问题，但是随着“国家尊重和保障人权”的观念日渐深入人心，犯罪嫌疑人、被告人的诉讼权利会得到进一步的保障，我国一定会构建更科学合理的刑事诉讼制度。 英文摘要： whether a country is ruled by law is well presented by whether lawyer plead for criminals system is developed. it also indicates how the state protect humans rights as well as the perfection of humans rights guaranteeing. criminal plead is an important part of lawyer affairs and it is well developed since 1979 when the lawyer system was restarted. however, criminal plead, which indicates the marrow of lawyer syestem, has been treated beyond its normal process it should has.worsestill, the problems by criminal plead have caused much concern publicly. lawyer criminal plead is faced with many difficulties: meeting, obtaining evidence and consulting papers. it is also threatened by accuse of lawyer falsify evidence. this essay is meant to discover the dilemma by testing its procedure of evolution. it also analysises the causes of these difficulties. then several pieces of advice are also provided to make the current lawyer criminal plead system perfect. we will make it clear that we surely face the difficulties, which gives us an obvious idea of the importance of protecting the rights of suspects and defendants, as well as benefiting the construction work of a reasonable lawsuit framework. thus we can form our regulation lawsuit framework of three respects, which are accuser, plead, trial. despite of these problems in lawyer plead, the lawsuit rights of suspects defendants can be sure