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从李庄案再到广西北海的四名律师涉嫌伪证罪被抓案,使《刑法》第三百零六条的存废问题,再次引起社会各界的关注。刑事辩护是律师界最有价值的业务,因为它与人的自由和生命相关。但是,随着越来越多的律师因身陷囹圄,刑辩率也随之降低,已伤及司法公正与基本人权。对于这一被称为“悬在刑辩律师头上的一把利剑”的刑法条款,国内律师界和法学界要求废除该条的呼声日渐高涨,但也有观点认为,其有存在的必要。本文从正反两方面对该条进行了系统的分析和理论研究,针对该条存在的问题结合我国目前的法律体系、司法体制以及诉讼程序来对这种现象进行完善,从而使我国刑辩律师的合法权利得到有效的保障。
From Li Zhuang’s case to the four lawyers in Beihai, Guangxi, it was arrested on the suspicion of perjury, so that the question of the existence and abolition of Article 306 of the Criminal Law once again aroused the public’s attention. Criminal defense is the lawyer’s most valuable business, because it is related to human freedom and life. However, as more and more lawyers become trapped, their criminal prosecution rates have also dropped, injuring justice and basic human rights. With this criminal law clause known as “a sword dangling from the head of a criminal defense lawyer,” there is growing demand from lawyers and lawyers in the country for the repeal of the article, but there are also arguments that its existence necessary. This article systematically analyzes and studies the article from both positive and negative aspects. In view of the existing problems in the article, this phenomenon is perfected with the current legal system, judicial system and litigation procedure in our country so as to make our country’s criminal defense lawyer The legitimate rights have been effectively protected.