论文部分内容阅读
为解决“执业难”这一长久困扰着律师的问题,保障律师的执业权利,2007年第十届全国人大常委会第三十次会议通过了新律师法并已正式施行。新律师法突破了现行刑事诉讼法的规定,对律师的会见权、阅卷权和调查取证权进行了扩展和完善,增强了控辩双方的对抗,充分体现了人权保障的司法价值取向。这不仅给检察机关的执法观念带来冲击,也给当前的工作机制带来挑战。如何把握这些冲突和挑战是检察机关贯彻落实新律师法、保障当事人合法权益的关键,同时也是检察机关完善工作机制、提高法律监督能力的重要契机。
In order to solve the problem of “practicing hardship” that has plagued lawyers for a long time and safeguarding the practice rights of lawyers, the 30th Session of the Tenth National People’s Congress passed the new Law on Solicitors in 2007 and has formally implemented it. The new law broke through the provisions of the existing Code of Criminal Procedure and expanded and improved lawyers’ right of meeting, reading and investigating and obtaining evidence, reinforcing the confrontation between the prosecution and the defense, and fully reflecting the judicial value orientation of human rights protection. This not only brings an impact on the law enforcement concept of the procuratorial organs, but also challenges the current working mechanism. How to grasp these conflicts and challenges is the key for the prosecutorial organs to implement the new lawyer law and protect the legitimate rights and interests of the parties concerned. It is also an important opportunity for the procuratorial organs to improve the working mechanism and improve their legal supervision ability.