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律师是一国法律职业共同体的重要组成部分,保障其执业权利及其在刑事诉讼中发挥应有的作用,对于法治建设意义重大。在刑事诉讼活动中,检察机关充分听取律师意见,是依法保障当事人辩护权、促进执法规范化、防止冤假错案的的程序保障。然而司法实践中仍存在部分检察机关不依法听取律师意见、无视律师合法要求的现象以及制度设计上的缺陷,需要进一步完善检察机关听取律师意见制度,将律师表达辩护意见的权利落到实处。
Lawyers are an important part of legal profession community in a country. To protect their practicing rights and their due role in criminal proceedings, lawyers are of great significance to the rule of law. In criminal litigation activities, procuratorial organs fully listen to the opinions of lawyers and is the procedural guarantee for safeguarding the parties’ right to defend according to law, promoting the standardization of law enforcement and preventing unjustly wrongdoings. However, in the judicial practice, some prosecutors still do not listen to the opinions of lawyers in accordance with the law, disregard the legal requirements of lawyers and the flaws in the system design. The procuratorial organs need to further improve the system of hearing opinions of lawyers and implement the rights of lawyers in expressing their opinions.