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律师滥用会见权的行为,不仅会给案件侦办带来联防、串供的风险,也对看守所日常安全监管构成了隐患。由于当前立法规定看守所或驻所检察室在发现律师会见违法、违规行为后,只能交由司法行政机关进行处罚,而且立法对具体的处罚标准没有作规定。实践中,作为律师队伍的主管单位,司法行政机关对律师滥用会见权的行为处罚畸轻,导致执法效果不佳。因此,有必要从完善立法,强化监督及处罚机制,来进一步规范律师会见行为。
Lawyers’ abuse of their right of access will not only bring the risks of defense and string defense to the case investigation, but also pose a hidden danger to the daily safety supervision of the detention center. Because the current legislation provides that the detention center or the resident procurator may only be punished by the judicial administrative organ when it finds that the lawyer meets with the illegal or illegal acts, and the legislation does not stipulate the specific standard of punishment. In practice, as the supervisory unit of lawyers, the judicial administrative organs penalize lawyers for abuse of their right of access, resulting in poor enforcement of law enforcement. Therefore, it is necessary to further regulate the lawyers’ meeting with each other by improving the legislation and strengthening the supervision and punishment mechanism.