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我国新《律师法》已于2008年6月1日起实施。新律师法的实施解决了律师在刑事诉讼中的“三难”(会见难、取证难、阅卷难),也给检察机关带来了挑战,包括:辩方在证据掌握上将由弱势向强势转化、在侦查职务犯罪时对言辞证据的取得和固定会越来越困难、审查起诉难度和庭审对抗性会进一步加大。检察机关应以辩证的观点看待律师在刑事诉讼中的工作性质,在证据收集和使用方面应该坚持程序公正原则,以应对新律师法的实施。
China’s new “Lawyers Law” has been implemented since June 1, 2008. The implementation of the new law has solved the “three difficulties” of lawyers in criminal proceedings (difficulties in meeting witnesses, difficulties in obtaining evidence, and difficulties in marking papers) and posed challenges for procuratorial organs. These include: Strong transformation, in the investigation of job-related crimes evidence acquisition and fixation will be more and more difficult, the difficulty of review and prosecution and trial confrontation will be further increased. The procuratorial organs should view the lawyers’ work nature in criminal proceedings from a dialectical point of view and should uphold the principle of procedural fairness in the collection and use of evidence so as to deal with the implementation of the new law.