我国律师辩护难的问题至今悬而未决,解决该问题的前提在于弄清原因。司法工作人员存在“司法体制很少冤枉好人”等司法迷信,过分强调惩罚犯罪,认为律师是为坏人辩护的异己;律师在庭审中处于劣势,公众思想落后,难以客观认识律师的辩护职能;我国法律规定存在缺陷,使律师权利难以得到有效保障,执业风险大;部分律师专业素养不足、职业伦理素养低下,公众怀疑其素养而降低了律师的出庭率。 The problem of our country’s lawyer’s defense is still outstanding. The precondition for resolving this issue lies in clarifying the reasons. Judicial staff have judicial superstition such as “little judicial system is good at injustice”, overemphasize punishment of crime, think lawyer is the alien to defend the bad guy; lawyer is at a disadvantage in the trial, the public lags behind, it is difficult to objectively understand the lawyer’s defense function ; Our law provides for the existence of defects, so that the lawyer’s rights can not be effectively protected, practice risk is high; some lawyers lack of professionalism, professional ethics and low literacy, public suspicion of their literacy and reduce the attendance of lawyers.