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以当前我国律师参与刑事诉讼活动的现状为基点,结合修订后《律师法》和正在施行中的《刑法》、《刑事诉讼法》等相关法律规范,使用分析和比较的研究方法,通过对律师法修改前后律师从事刑事诉讼业务中的角色定位、会见被告人、阅卷取证、执业风险等多方面状况进行论述,剖析了新律师法对律师参与刑事诉讼活动的积极影响以及在维护辩护律师权益方面依然存在的不足,对如何有效保障律师参与刑事诉讼活动提出了自己的观点和期望。将对我国《刑事诉讼法》的修改等后续法律修订工作产生前瞻性的引导作用。
Based on the current situation of lawyers participating in criminal activities in our country, combined with the revised “Law” and the ongoing “Criminal Law”, “Criminal Procedure Law” and other relevant laws and regulations, the use of analysis and comparison of research methods, through the lawyer Lawyer’s role in the criminal litigation business before and after the revision is discussed, meeting with the accused, reading evidence, practicing risk and other aspects of the situation to discuss the new lawyer law on lawyers participate in criminal activities and the positive impact of lawyers in the defense of rights and interests There are still some shortcomings, put forward their own views and expectations on how to effectively protect the participation of lawyers in criminal proceedings. It will play a forward-looking guiding role in the revision of China’s “Criminal Procedure Law” and other follow-up laws.