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1996年新的刑事诉讼法公布实施以后,我国的刑事辩护制度在民主化、科学化方面前进了一大步,律师诉讼权利的保障也有了新的进展,律师为犯罪嫌疑人提供法律服务和进行有效辩护有了一定法律保障。然而,在具体辩护实践中,仍然存在严重的“会见当事人难、阅卷难、调查取证难、辩护难”现象,造成全国各地刑事辩护数量逐年下降,公诉人与检察官矛盾重重,甚至出现部分律师拒绝刑事辩护的不良局面。造成这种状况的原因是什么?如何解决?本刊约请了来自法院、检察院、律师界和学界的代表谈了对这个问题的看法。
After the new Criminal Procedure Law was promulgated in 1996, China’s criminal defense system made a big step forward in democratization and scientificization. New progress has also been made in safeguarding the rights of lawyers. Lawyers provide legal services and conduct criminal suspects Effective defense has a certain legal protection. However, in the practice of specific defense, there are still serious “difficulties in meeting witnesses, difficulties in reading, difficulties in investigation and evidence collection and difficulty in defense”, resulting in a year-by-year decline in the number of criminal defenses in the country. The public prosecutors and prosecutors have contradictions and even some problems Counsel rejects the bad situation of criminal defense. The reason for this situation is what? How to solve? This article invited the court, prosecutors, lawyers and academics on behalf of the views on this issue.