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律师辩护作为刑事诉讼中一项重要的刑事诉讼制度,在世界范围内得到发展并且逐渐成熟。职业辩护律师是随着社会、经济的发展必然的结果。律师辩护制度起到的作用是,平衡控辩双方力量,可以维护当事人的合法权益、促进司法公正等方面起着重要作用。1996年修改后的刑事诉讼法建立了新的辩护模式,在律师参与刑事诉讼的方面,赋予了他们更多的权利,有了很大的进步,但是,由于法律的不完善,还有一些司法机关的工作人对法律的扭曲,在这种新制度下,刑事辩护律师遇到了一系列的问题,甚至遭到打击报复。中国是一个依法治国的国家,在辩护律师遇到这种情况下,我们必须要深思一下,该如何走出困境,使中国成为名副其实的法治国家。
As an important criminal procedure system in criminal procedure, counsel’s defense has been developed and matured in the world. Professional defense lawyers with the social and economic development of the inevitable result. The role played by the lawyer defense system is to play an important role in balancing the power of both the prosecution and the defense, maintaining the legitimate rights and interests of the parties involved, and promoting judicial fairness. The amended Code of Criminal Procedure established a new model of defense in 1996 and gave them more rights and more progress in engaging lawyers in criminal proceedings. However, due to the imperfect laws, there are still some jurisdictions With the new system, criminal defense lawyers have encountered a series of problems and even retaliated against the law. China is a country that ruling the country by law. When defense counsel encounters such a situation, we must ponder over how to get out of the dilemma and make China a veritable law-governed country.