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2012年修订颁行的《刑事诉讼法》,以及2008年实施的新《律师法》,都在较大范围内扩展了辩护律师的权利,一定程度上改善了辩护律师行使辩护权的制度环境。但在实践中仍存在的一些问题,使得辩护律师的有效辩护难以充分达成。本文尝试简要分析目前我国存在的阻碍有效辩护的若干问题,以期能够提出解决此类问题的建议,为推进有效辩护的达成提供若干思路。一、律师有效辩护的概念及条件笔者为律师有效辩护下的定义是:律师根据被追诉人及其
The Criminal Procedure Law revised in 2012 and the new Lawyers Law in 2008 all expanded the rights of defense lawyers to a large extent and improved the institutional environment in which defense lawyers exercise their right of defense to a certain extent. However, some problems that still exist in practice make the effective defense of defense lawyers difficult to reach fully. This article attempts to briefly analyze some of the existing problems in China that hinder the effective defense in order to put forward proposals to solve such problems and provide some ideas for advancing the effective defense. First, the concept and conditions for the effective defense of the lawyer The definition of effective defense of the lawyer is: the lawyer based on the respondent and its