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我国《刑法》第306条规定:“在刑事诉讼中,辩护人、诉讼代理人毁灭、伪造证据,帮助当事人毁灭、伪造证据,威胁、引诱证人违背事实或者作伪证的,处三年以下有期徒刑或者拘役;情节严重的,处三年以上七年以下有期徒刑。”该条款增设是因1996年《刑事诉讼法》的修改扩大了律师的诉讼权利,为了避免律师对其权利的滥用,而对律师的违法行为进行处罚。自从刑法第306条设立以来,社会各界对此褒贬不一,对于这一条文,社会各界存在不同的观点,这些观点可归纳为两种类型,一种主张废除,另一种主张保留。
Article 306 of China’s Criminal Law stipulates: “In criminal proceedings, if the defender or legal representative destroys or falsifies evidence to help parties destroy, falsify evidence, threaten or induce witnesses to violate facts or perjury, they shall be sentenced to not more than three years of fixed-term imprisonment Or criminal detention; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years. ”The addition of this article expanded the lawsuit rights of lawyers as a result of the revision of the 1996 Criminal Procedure Law. In order to prevent lawyers’ abuse of their rights, Penalties for lawyers’ violations. Since the establishment of Article 306 of the Criminal Law, all walks of life have mixed opinions. For this article, different perspectives exist in all sectors of society. These views can be summed up as two types, one of which is abolished and the other of which is retained.